SURJA RAM Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This appeal has been filed from the order dated 8th February, 2016, whereby and whereunder the court below rejected W.P. No. 938 (W) of 2016.

(2.) Counsel for the appellant submits that he as a constable joined C.I.S.F. on 16th October, 1982 and continued in his service without any blemish since March, 1993. The appellant started suffering from sinus and on many days visited the clinic as will appear from the medical treatment book. Between 19.03.1993, the appellant also suffered from sinus and was asked to take rest for four days and it is for this reason that he could not attend his job till 23rd March, 1993. On 23rd March, 1993, he joined his service and continued to do so till a charge-sheet was issued to him on 22nd May, 1993. Departmental proceeding was initiated and the enquiry officer held that all the charges had been proved against the delinquent constable. The said enquiry report was served on the delinquent constable and a representation was made on 13.11.1993. The said representation was considered and the final order was passed on 15.11.1993 under Rule 29 (A) Schedule II, read with Rule 31 (a) of the C.I.S.F. Rules, 1969 and service of the delinquent constable was dismissed by way of punishment with immediate effect. The final order was served on the delinquent constable and being aggrieved by the said order dated 15.11.1993, an appeal was filed on 18.11.1993. The said appeal was considered and disposed of by order dated 26th February, 1994. Pursuant to the order passed a revision petition was filed on 16.03.1994 and the said revision was also conceded and thereafter rejected by order dated 9th July, 1994. Thereafter, the final order dated 15.11.1993, the appellate order dated 26th February, 1994 and the revisional order dated 9th July, 1994 were challenged in S.B. Civil Writ Petition No. 2692 of 1995 before the Jaipur Bench of the Rajasthan High Court, which was dismissed for lack of territorial jurisdiction. Thereafter an appeal was filed which too was rejected, and special leave petition was filed which ultimately was rejected by order dated 17th April, 2015 on the ground of lack of territorial jurisdiction of the Jaipur Bench of Rajasthan High Court. It is for this reason that W.P. No. 938 (W) of 2016 was filed.

(3.) At the motion stage the court below did not interfere with the reliefs sought for based on the grounds canvassed and the writ petition was rejected for the reasons set out therein.