SHIB CHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The order of termination by the disciplinary authority which is subsequently affirmed by the appellate and revisioning authority, is the subject matter in this writ petition. The petitioner was enrolled in the Central Industrial Security Force on August 10, 1993. The petitioner was, thereafter, posted as a constable at Sibsagar in the State of Assam. The petitioner fell ill while on duty and was hospitalized in the ONGC Hospital at Sibsagar. The petitioner was sanctioned the leave with effect from July 6, 1999 till July 29, 1999 but did not report to the duty on time. However, he sought for an extension of the leave and submitted the medical certificate and the record relating to his ailment. However, he reported to the unit on January 6, 2000 but was served with the chargesheet issued by the disciplinary authority contemplating a disciplinary proceeding against him. The inquiry officer conducted the inquiry and in his report concluded that the petitioner overstayed for 158 days without praying for any extension. The disciplinary authority, thereafter, passed an order for removal from service, with immediate effect, for gross indiscipline and willful absence from duty. The entire disciplinary proceeding was conducted at Sibsagar in the State of Assam where the petitioner was lastly posted.

(2.) The said order of removal from service issued by the disciplinary authority was challenged before the Appellate Authority located at Kolkata in the State of West Bengal. The Appellate Authority also found that the penalty awarded by the disciplinary authority is justified and the petitioner could not assign any reasons to interfere with the said order. As a consequence whereof, the appeal filed by the petitioner was rejected being devoid of merit. The appellate order, by which the order of the disciplinary authority was affirmed, was challenged by the petitioner in a writ petition in the High Court of judicature at Rajasthan. It was sought to be contended therein that the petitioner is the resident of the State of Rajasthan and, therefore, the writ petition is competent before the Rajasthan High Court. Ultimately, the petitioner withdrew the said writ petition on September 25, 2002.

(3.) Under Section 9 (2A) of Central Industrial Security Force Act, 1968, the petitioner challenged the appellate order before the revisioning authority, the situs whereof is in Kolkata. The said provision provides the time limit of six months from the date on which the order of the appellate authorities was communicated to the delinquent and in view of the fact that the said revisional petition was presented before the revisioning authority beyond the said prescribed period, the revisional petition was returned to the petitioner. The petitioner, thereafter, resubmitted the same on 27.05.2008 and subsequently filed an application for condonation of delay in filing the same beyond the prescribed period.