2003 (10) TMI 626

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....im a penalty of 15 days rigorous imprisonment. After the imposition of the penalty, the Commandant or CRPF issued an order of dismissal from service. Aggrieved by this order of dismissal, the respondent preferred an appeal and the appellate authority held that the disciplinary authority should have afforded reasonable opportunity to the respondent and as the respondent was not served with any show cause notice nor there was any enquiry preceding the dismissal, the order passed by the disciplinary authority was set aside and directed to reinstate the respondent in service. The appellate authority further observed that the period of absence from the date of dismissal from service i.e. 7.11.1994 till the reinstatement shall be treated as dies-....

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....ot, the authority competent to order reinstatement shall consider and make a specific order - (a) regarding the pay and allowances to be paid to the Government servant for the person of suspension preceding his dismissal, removal or compulsory retirement, as the case may be and (b) whether or not the said period shall be treated as the period spent on duty." 5. It is true that when a reinstatement is ordered in appeal or review, the authorities can pass specific order regarding the pay and allowances to be paid to the Government servant for the period of his absence from duty preceding the dismissal, removal or compulsory retirement, as the case may be. This is an enabling provision and the authorities can consider the relevant facts as to....