SUDESH KUMAR CONSTABLE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition impugns the order of the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 835/2000 dated March 2, 2001 whereby the application of the petitioner challenging his termination from service stands rejected. The facts giving rise to the petition are as follows: -

(2.) The petitioner was a Constable in the Delhi Police. He proceeded on casual leave which expired on March 8, 1994. After availing the casual leave the petitioner was required to join duty on March 9, 1994, but he absented himself and Kailash. Not only the petitioner did not join duty on March 9, 1994, he remained absent for a period of about three years w.e.f. March 9, 1994 to March 5, 1997. Since the petitioner remained absent disciplinary proceedings were initiated against him. On March 5, 1997, the petitioner resumed duty and participated in the departmental proceedings. The Enquiry Officer on the basis of the evidence on record including the statements of the witnesses found the misconduct of the petitioner fully proved. The disciplinary authority on the basis of the enquiry report dismissed the petitioner from service by its order dated March 7, 1998. While passing the order the disciplinary authority observed inter alia that the petitioner was not fit for disciplined force and was totally incorrigible. The petitioner being aggrieved by the order passed by the disciplinary authority preferred an appeal to the Additional Commissioner of Police. The Additional Commissioner of Police upheld the order passed by the disciplinary authority and consequently rejected the appeal of the petitioner by its order dated December 1, 1998. Thereafter, the petitioner filed a revision petition against the above orders before the Commissioner of Police. The revision also met the same fate and was dismissed on March 2, 2001.

(3.) Being aggrieved by the orders passed by the disciplinary authority, the appellate authority and the revisional authority, the petitioner filed O.A. No. 835/2000 before the Central Administrative Tribunal, Principal Bench, New Delhi. As already pointed out, the Central Administrative Tribunal, Principal Bench, New Delhi, dismissed the application on March 2, 2001. Dissatisfied with the order passed by the Central Administrative Tribunal, Principal Bench, New Delhi, the petitioner has filed the instant writ petition.