ASHOK KUMAR UPADHYAYA Vs. STATE OF MP

JUDGEMENT

(1.) CHALLENGING the order-dated 19.5.2005 � Annexure P/5 passed by the competent disciplinary authority dismissing the petitioner from service on the grounds of unauthorized absence for various periods; and, the order-dated 28.2.2006 � Annexure P/7, passed by the appellate authority, dismissing his appeal, petitioner has filed this petition.

(2.) - Even though the petitioner has raised various grounds in the writ petition challenging the departmental proceedings, but during the course of hearing of this writ petition it was pointed out by Shri R.C. Tiwari, learned counsel for the petitioner, that the appeal in question has been dismissed only on the ground of delay. It is stated that the appeal was beyond the period of 45 days but within the period of six months and the petitioner has explained the delay pertaining to ailment of his wife and children. It is stated that without considering all these aspects, the appeal has been dismissed on the grounds of delay.

(3.) - That apart, after having held that the appeal is barred by time, the appellate authority has referred to the findings of the Enquiry Officer and has held the charges to be proved verbatim as held by the Enquiry officer without adverting to consider the challenge made by the petitioner to the findings of the Enquiry Officer in his memorandum of appeal. Finally, after taking note of the past service record of the petitioner the punishment is imposed. The past service record of the petitioner was not the allegation communicated to the petitioner in the charge-sheet and, therefore, before taking note of the past record the show cause notice in this regard was also not served.