S SURESH KUMAR Vs. DEPUTY INSPECTOR GENERAL

JUDGEMENT

(1.) THE petitioner/constable, Central Industrial Security Force Unit, BCCL Area No. VI, Dhanbad, Bihar, challenges his "removal from Service" as well as dismissal of his appeal petition.

(2.) THE brief facts as stated in the affidavit are reproduced hereunder. According to the petitioner, after his selection as Constable in the year 1992 by direct recruitment, he was posted in the State of Orissa and then he was transferred to Bihar in the year 1998. While he was serving at Bihar, he was granted 15 days Casual Leave with effect from 01. 05. 1998 to 21. 05. 1998. After completion of the said leave, he had to report duty on 22. 05. 1998 to the competent authority. He further states that because of his family circumstances, he could not report duty on the specified date. Hence he was charge sheeted under Rule 34 of CISF Rules, 1969, vide charge memorandum dated 12. 12. 1998, which was served on 12. 01. 1999.

(3.) ACCORDING to the petitioner, he is the only son and his father suffered two massive heart attacks. Hence, it is his responsibility to take care of his father for treatment. While his father was under treatment, his uncle passed away on 27. 11. 1998. While so, the charge sheet dated 12. 12. 1998 was sent to his native place by Registered Post with a direction to submit his written reply within 15 days of the receipt of the same. Since he did not receive the same, the charge memorandum was sent to him through Special Messenger and it was acknowledged by him on 22. 01. 1999. Thereafter, he submitted his explanation narrating all his family circumstances along with his resignation letter dated 22. 01. 1999 to the concerned authority. As his explanation was not satisfactory, an Enquiry Officer was appointed to conduct enquiry into the charges levelled against him vide order dated 28. 01. 1999. The Enquiry Officer conducted ex-parte enquiry and submitted his report as charge held proved. The enquiry report was sent to the petitioner along with a show cause notice dated 07. 05. 1999 with a direction to submit his written representation if any, within 15 days on receipt of the same. He received the copy of the enquiry report on 20. 05. 1999 and submitted his explanation to the enquiry officer's report on 25. 05. 1999. He further states that before considering his explanation, the respondents have passed final order 25. 05. 1999 removing him from service. He made an appeal to the Deputy Inspector General, Central Industrial Security Force Unit, Dhanbad, through the first respondent on 03. 09. 2001. The same was rejected by the first respondent vide his letter dated 25. 09. 2001 on the ground that the appeal was barred by limitation. Questioning the same, the petitioner has filed the present writ petition.