RADHEY SHYAM THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Proceedings of this matter have been taken-up through video conferencing.

(2.) In a departmental proceeding initiated against the petitioner for act of alleged misconduct he was inflected with penalty of dismissal from service by respondent No.5/Superintendent of Police, Kanker, agaisnt which, he preferred appeal before the appellate authority, which was required to be considered by the appellate authority in accordance with Rule 27 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter called as 'the Rules of 1966'). The appellate authority by order dtd. 17/2/2006 dismissed the appeal summarily without considering the merits of the case, against which, he preferred mercy appeal, which was also dismissed by the impugned order dtd. 24/5/2007 (Annexure P-1), against which, this writ petition has been preferred.

(3.) Mr.N.S.Dhurandhar, learned counsel for the petitioner, would submit that firstly, the appellate authority has not considered the appeal preferred by the petitioner in the light of Rule 27(2) of the Rules of 1966 and secondly, the decision of this Court in the matter of Kamleshwar Prasad Trivedi v. State of Chhattisgarh and others (WPS No.2538/2007), decided on 17/10/2019 is squarely applicable to the facts of the present case.