NUKA RAMANA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) THE short question that has cropped up for consideration in this writ petition is whether the respondents were justified in issuing the show -cause notice to the petitioner after the timeframe fixed by this court on an earlier writ petition.

(2.) THE petitioner is a constable of the Railway Protection Force (the Force, for short). He was once departmentally proceeded against and the disciplinary authority had removed him from service by an order dated February 16, 1996. The petitioner challenged the same by way of a writ petition before this court and the same was disposed of by a learned single judge of this court by an order dated September 7, 2001. The learned judge found substance in the contention of the writ petitioner that he was not granted opportunity to defend himself with the help of a proper defence assistant. The writ petition was allowed. The disciplinary proceeding including the final order from the stage of appointment of defence assistant was quashed. His Lordship held that the respondents would be entitled to complete the disciplinary proceeding from the stage of appointment of the defence assistant in accordance with law within a period of three months from the date of communication of the order.

(3.) THE petitioner contends that the order of this court was communicated to the disciplinary authority on November 6, 2001 and in terms of the direction given by this court the disciplinary proceeding should have been completed by February 6, 2002 when the period of three months from the date of the communication of the order had expired. But the enquiry officer submitted his report on October 14, 2002 which is much beyond the period of three months without getting this period extended by an order of this court. Therefore, the show -cause notice dated January 23, 2003 has been vitiated in law as time barred which has rendered the entire disciplinary proceeding bad in law for non -compliance of the direction given by this court. The petitioner has, therefore, prayed for a writ in the nature of Mandamus commanding the respondents to rescind and withdraw all the orders passed in connection with the disciplinary proceeding including the showcause notice referred to above and for other reliefs.