SIRAJ HUSSAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner is a dismissed Constable of the Uttar Pradesh Police. If there is anything to his cause, it is that he has never been heard on the merits of his challenge by any of the departmental fora of appeal and revision with all of them throwing out his case either on limitation or some other ground of maintainability.

(2.) The facts giving rise to this petition are these:

(3.) The petitioner carried a departmental appeal impugning the order of his dismissal from service passed by the Superintendent of Police last mentioned under Rule 20 of the Rules. The Deputy Inspector General of Police, Lucknow Range, Lucknow, before whom the appeal came up, dismissed the same vide order dtd. 30/11/2012 on ground that it was barred by an uncondonable period of limitation. The petitioner challenged the appellate order by instituting a claim petition before the Uttar Pradesh Public Service Tribunal, bearing No.426 of 2012. The Tribunal by their judgment and order dtd. 22/12/2015 held that the appeal being preferred before the Appellate Authority beyond the prescribed period of limitation of 90 days, which the Appellate Authority refused to condone, the Tribunal could do nothing in the matter. The power of condonation was vested with the Appellate Authority, which had declined the condonation of delay. The Tribunal held further that since the remedy of appeal had not been exhausted by the petitioner by preferring a competent appeal within the prescribed period of limitation, the claim petition was one instituted without exhausting the statutory alternative remedy. It was on this rather queer logic that the Tribunal dismissed the claim petition.