JAGAN NATH Vs. QUARTER MASTER GENERAL AND ANR.

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution of India praying for setting aside the order of dismissal passed by the Deputy Director, Military Farms, Headquarters Southern Command, Kirki (D.D H.F.HQ) and affirmed by the appellate authority as conveyed by the Army Headquarters' Letter No. A/15503/1/Q/MF-2, dated 22-5-1967, rejecting the appeal of the petitioner.

(2.) The petitioner was employed as a chowkidar in the Military Farm Depot, Bikaner, in the year 1961- On 3-3-1964 the petitioner was served with a charge sheet by the Officer Incharge Military Farm Depot, Bikaner, charging him under two heads:-

(3.) The respondents raised to preliminary objections as to the competency of the writ petition. The first objection was that the writ petition in highly belated and liable to be dismissed. Obviously there is no merit this contention. The information concerning the dismissal of the appeal is communicated to the petitioner by the letter of the Director of Hilary Farms dated 22-5-1967. Subsequently upto Oct., 1967 the petitioner was making efforts to obtain clarification whether tie appellate authority had passed any other order excepting the one which has been otto him and this clarification was given to him only in Oct., 1967. lie present writ petition was filed in the end of Jan. 1968 and obviously Jere is no such delay as to disentitle the petitioner to relief if he is otherwise entitled to.