IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.237 of 2010 ***** 1. SANJAY KUMAR SHARMA S/O SARYUG SHARMA R/O GOLA ROAD, PS.DANAPUR, DISTT-PATNA. …. …. Appellant-Petitioner Versus 1. THE UNION OF INDIA THROUGH THE DIRECTOR GENERAL, CENTRAL RESERVE POLICE FORCE (CRPF) DIRECTORATE N. LODHI ROAD, NEW DELHI. 2. THE INSPECTOR GENERAL C.R.P.F. BIHAR SECTOR, DIGHA, PATNA 3. THE DEPUTY INSPECTOR GENERAL C.R.P.F. BIHAR SECTOR, DIGHA, PATNA. 4. THE COMMANDANT 21 BN C.R.P.F., 56 APO SRI NAGAR JAMMU KASHMIR. …. …. Respondents-Respondents ----------- 3. 6.5.2010. Heard Mr. Surva Deo Singh, learned counsel for the appellant and Mr. Rashid Izhar, learned counsel for the Union of India. It is submitted by Mr. Singh, learned counsel for the appellant that the controversy is covered by the decision dated 16.9.2009 rendered in L.P.A. No. 207 of 2009 (Rakesh Kumar Singh v. The Union of India & Ors.). In the said case this Court has held as follows: - “9. In the present case on account of the fact that the enquiry had been concluded ex- parte, the appellant did not have adequate opportunity of defending himself and the memorandum of appeal/representation made 2 by him highlighting the various aspects was simply given a short-shift. Counsel for the appellant has submitted that the course adopted by the Supreme Court in A.I.R. 2004 S.C. 2131 may be adopted and the person may be taken back in service by ignoring the period of absence. However, since in the present case the enquiry itself is vitiated by the fact that the principles of natural justice had not been followed, we feel that the interest of justice would be served by setting aside the order of dismissal of the appellant and by remanding the matter to the departmental authorities for fresh consideration. The departmental authority should serve a copy of the memorandum of charge and thereafter give opportunity to the present appellant and proceed in accordance with law. It would be open to the appellant to raise all the questions including the question of proportionality of the punishment. 10. In the result, the appeal is allowed and the order of dismissal is set aside and the matter is remanded to the departmental authorities for fresh consideration in accordance with law.” 3 The present appeal is disposed of on above terms. There shall be no order as to costs. Pawan/- ( Dipak Misra, C.J. ) ( Mihir Kumar Jha, J. )