RAM SAHAI MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 6th August, 2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.2139 of 2007 titled Ram Sahai Meena v. Union of India and anr. dismissing the original application filed against the order dated 14th June, 2007 passed by Joint Commissioner of Police as appellate authority dismissing the appeal of the petitioner being barred by time.

(2.) A regular departmental inquiry was ordered against the petitioner on 1st July, 2002 on the allegation that while posted at Police Station: O.I. Area, he arrested one Kailash Chand. The son of Shri Kailash Chand, namely, Shri Dinesh Chand was contacted and an amount of Rs.1.00 lakh was demanded as bribed in lieu to spare Shri Kailash Chand. The conversation of the petitioner, Ram Sahai, and the complainant, Dinesh Chand, was recorded by the CBI which indicated and reflected that the petitioner did not refuse the offer and the petitioner rather gave the telephone number to the complainant for making further contact and to arrange a telephonic conversation between him and Shri Kailash Chand, father of the complainant. The inquiry officer recommended the discharge of petitioner, however, the disciplinary authority issued a disagreement note and after consideration the representation made by the petitioner against the disagreement note, passed the punishment order dated 14th November, 2005.

(3.) The petitioner challenged the punishment order dated 14th November, 2005 by filing an appeal before the appellate authority. The appeal was not filed within time. It appears that the appeal was filed because on account of penalty of censure, the petitioner was not given promotion which was allegedly due to him in June 2006. Since the appeal was belated and no cogent and sufficient reason was disclosed by the petitioner, the appellate authority dismissed the appeal being barred by time.