TIKAM CHAND THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

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

(2.) The petitioner was subjected to departmental proceedings and ultimately, by order dated 15.1.2009 (Annexure P-2) the petitioner was inflicted with penalty of removal from service, against which, he preferred appeal before the appellate authority/Deputy Inspector General of Police, Chhattisgarh Armed Force, Bhilai Area, Distt.Durg. The appellate authority by the impugned order dated 21.6.2010 (Annexure P-1) dismissed the appeal preferred by the petitioner by brief and unreasoned order, which has been called in question by the petitioner in this writ petition.

(3.) Mr.Varun Sharma, learned counsel for the petitioner, would submit that appeal preferred by the petitioner was required to be considered and disposed of by the appellate authority in accordance with Rule 27 (2) of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966 (hereinafter called as 'the Rules of 1966'), which has not been done in this case and in one line, the petitioner's appeal has been dismissed, which is not in consonance with Rule 27(2) of the Rules of 1966, as such, the order of the appellate authority deserves to be set-aside and the matter be remitted to the appellate authority for considering the appeal of the petitioner afresh in accordance with Rule 27(2) of the Rules of 1966.