PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 12:

Re: I.A. no.1 of 2025 Heard Dr. K.N.Singh, learned Additional Solicitor General assisted by learned counsel Ms. Kanak Verma for the Union of India/appellant and Mr. Manish Kumar, learned counsel for the writ petitioner/respondent.

2. The instant application has been filed for condoning the delay of 69 days in filing of the instant appeal.

3. Having heard learned counsel for the parties and having perused the material on record, the Court is satisfied that the appellants have made out a case for condonation of delay in filing of the instant appeal.

4. The delay of 69 days in filing of the instant appeal is condoned.

5. I.A. no.1 of 2025 stands allowed.

Re:L.P.A. no.28 of 2025 6. The instant appeal has been preferred by the writ respondent/Union of India against the order dated 26.9.2024 whereby the learned Single Judge was pleased to allow the writ application (CWJC no.3923 of 2020) filed by the writ petitioner/respondent and set aside the order dated 23.8.2016 passed by the Commandant, RTC, CRPF, Rajgir, the order dated 20.11.2016 of the Deputy Inspector General, RTC, CRPF, Rajgir and the letter/order dated 5.9.2019 also of the Deputy Inspector General, RTC, CRPF, Rajgir.

7. The relevant facts in brief are that the respondent joined service as Constable/GD in the year 2004 at Mokama Ghat. While posted at RTC, Rajgir, on an application filed by him for leave on account of serious illness of his father, the respondent was granted leave from 16.9.2015 to 21.9.2015. He did not join duty even on expiry of the leave and reminders having been sent from the office vide different letters brought on record as annexures to the counter affidavit in the writ application. A complaint was filed against the respondent in the Court of the learned C.J.M.-cum-Commandant and a warrant of arrest was issued on 4.1.2016. The Court of enquiry was ordered and by order dated 23.3.2016, the respondent was declared a deserter from the force with effect from 22.9.2015. It further transpires that a departmental enquiry was initiated against the respondent and a memorandum of charge was issued to him. Sri Manish Kumar, Deputy Commandant of RTC, Rajgir was appointed as the enquiry officer. Inspite of notices having been issued for appearance in the departmental proceeding, the respondent did not appear nor engage in any correspondence. Accordingly, the enquiry proceeded ex parte and the enquiry officer submitted his enquiry report. Finally having taken into consideration the materials on record, the authorities passed the orders of punishment of dismissal on 23.8.2016. The respondent preferred an appeal before the Deputy Inspector General of Police which was rejected on 20.11.2016. The revision preferred before the Inspector General of Police (Training) was rejected on 5.9.2019. It was thereafter that the instant writ application was preferred by the respondent on 19.2.2020.

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