NARASINGH BEHERA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, an erstwhile Constable of 37 Battalion of C.R.P.F., under Group Centre, seeks to assail the order of dismissal from service dated 16.3.1999 and prays to direct the opposite parties to reinstate him in service with all benefits. It is pertinent to mention here that the order of dismissal is not annexed to the Writ Petition though a prayer is made to quash the same.

(2.) Bereft of unnecessary details, the short facts of the case as would be evident from the inter se pleadings are :

(3.) Ms. Mohapatra, learned counsel appearing for the petitioner, forcefully submitted that initiation of the departmental proceeding and imposition of punishment of dismissal from service, without granting an opportunity to the petitioner to show cause was unjust and illegal. It is stated that the petitioner had not received the order of dismissal, and law being well settled that the dismissal order comes into effect only from the date of service the opposite parties should be directed to reinstate the petitioner.