UNION OF INDIA Vs. CHHIDASINGHRAWAT

JUDGEMENT

(1.) Special leave granted.

(2.) The respondent-Constable was absent without leave for 14 days from 7/07/1966. That was the subject matter of departmental enquiry commenced in 1966 and concluded with his dismissal order dated 6/01/1968. In the interregnum that is in 1967, there was police agitation in Delhi and those who participated in that agitation were summarily dismissed from service, but later on they were reinstated pursuant to a policy decision. The respondent also appears to have participated in that agitation. But he was not dealt with nor dismissed on that count. His grievance however, is that his case was not dissimilar from those who participated in the agitation and since those persons were reinstated he should also be given a similar benefit. With that claim he moved this court on 3/01/1985 by means of Writ Petition No. 3174 of 1985 under Article 32 of the Constitution. This court observed that he could move the central Administrative tribunal. Accordingly, he moved the administrative tribunal with the appeal.

(3.) Two questions arose for consideration before the tribunal. First, whether the respondent was dismissed from service for police agitation and if so whether he is entitled to reinstatement Second, whether the enquiry culminated with the dismissal order dated 6/01/1968 was vitiated since the enquiry officer Shri Amrit Singh was biased against him and there was no proper opportunity for him to defend his case. Thelater question was left undecided by the tribunal and indeed, it has stated that it is not necessary to go into that question since the respondent's record shows that he had been agitating as one of the leaders of delhi Police and the order of dismissal was made after the police agitation. The tribunal therefore, gave him relief on the first question.