IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10607 of 2009 GOPALJEE @ GOAPLJI @ GOPALJI SINGH (EX. CT. NO.941422709), SON OF SRI KEDAR PRASAD SINGH, RESIDENT OF VILLAGE- SULTANPUR, POLICE STATION- MOKAMA, DISTRICT- PATNA, PRESENTLY RESIDING AT DHARAMRAJ CHOK, P.O. & P.S. LAKHISARAI, DISTRICT- LAKHISARAI :--- PETITIONER . Versus 1. THE UNION OF INDIA THROUGH MINISTRY OF HOME, NEW DELHI. 2. THE INSPECTOR GENERAL OF POLICE, CENTRAL RESERVE POLICE FORCE, PATNA, BIHAR. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RESERVE POLICE FORCE, PATNA, BIHAR. 4. THE ADDITIONAL DEPUTY INSPECTOR GENERAL OF POLICE-CUM-C.J.M., GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, MOKAMA GHAT, PATNA, BIHAR. 5. THE COMPANY COMMANDANT (ADM.), GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, MOKAMA GHAT, PATNA, BIHAR :--- RESPONDENTS. ----------- FOR THE PETITIONER : M/S. ANIL SINHA & DILIP KUMAR, ADVOCATES FOR THE UNION OF INDIA : MR. KUMAR PRIYA RANJAN, C.G.C. ====== 4. 21.07.2010. Heard learned counsel for the petitioner and the Union of India. 2. In compliance of my order dated 5.7.2010 counsel for the Union of India has produced the records of the proceeding taken against the petitioner, wherefrom it appears that under judgment dated 12.8.2004, Annexure-4 petitioner was convicted for overstayal for the period between 11.6.2004 to 11.8.2004 as he pleaded guilty. On the basis of the judgment holding the petitioner guilty of the offence of overstayal the Commandant dismissed the petitioner from the post of Constable(BUG) under order dated 12.8.2004, Annexure-4 on the ground that he has been convicted for the offence of overstayal. The appeal of the petitioner against the order, Annexure-5 has also failed and the order dismissing the appeal is dated 19.11.2004, contained in Annexure-6 to this application. Revision filed against the appellate order was also dismissed under orders dated 20th April, 2006, - 2 - contained in Annexure-9 to this application. Instant writ petition has been filed questioning the order of conviction, dismissal as also the appellate, revisional order on the ground that petitioner never pleaded guilty of the charge of overstayal for the period between 11.6.2004 to 11.8.2004 before the Commandant. It is further submitted that during the period between 11.6.2004 to 11.8.2004 petitioner over stayed at his home as he was critically ill and was treated by Government doctors during the said period and in support of the plea of his illness he has relied on the certificates, prescription and other contemporaneous documents generated while the petitioner was being treated for his illness during the period between 11.6.2004 to 11.8.2004. 3. To verify the submission as to whether petitioner had pleaded guilty before the Commandant, Respondent No. 4 the original records were called for and it is evident from the original record that petitioner never signed any document pleading guilty as such the observation and finding of Sri A.K.Narula, Additional D.I.G.P.-cum- C.J.M., Group Centre, C.R.P.F., Mokamaghat contained in order dated 12th August, 2004 that petitioner pleaded guilty does not appear to be correct from the records of the case. 4. Accordingly, the judgment dated 12th August, 2004 (Annexure-4), holding the petitioner guilty of the offence of over stayal for the period between 11.6.2004 to 11.8.2004 and dismissal order dated 12.8.2004, Annexure-5 as also the appellate and revisional order dated 19.11.2004, 20th April, 2006, Annexures 6 and 9 are - 3 - quashed and the matter is remitted back to Respondent no. 4 to look into the genuineness or otherwise of the medical certificate, prescriptions submitted by the petitioner in support of his contention that he was critically ill during the period between 11.6.2004 to 11.8.2004 and to pass appropriate orders in accordance with law after reinstating the petitioner in the force. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)