RAMESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is directed against order dated 23.2.2000 passed by the Central Administrative Tribunal, Chandigarh Bench (for short, 'the Tribunal') dismissing the Original Application filed by him for quashing the order vide which he was discharged from service.

(2.) The petitioner was appointed as Safaiwala in the Indian Air Force Unit at Ambala on 29.2.1984. In the year 1989, he proceeded on leave and sought extension of the same on medical grounds. Through letter dated 3.1.1990, he was warned to desist from continuing with the acts of indiscipline and was told that if such acts are repeated in future, he would be discharged from service under Rule 15(2)(k) of the Air Force Rules, 1969 (for short, 'the Rules'). After one year and over three months, he was issued notice Annexure P.2 dated 16.4.1991 to show cause against his proposed discharge from service under Rule 15(2)(k) read with Rule 15(2) of the Rules. Thereafter, he was administered warning vide memo dated 18.7.1991 (Annexure P.3). Another show cause notice dated 12.3.1993 (Annexure P.4) was issued to him proposing his discharge from service. He filed replies dated 24.3.1993 (Annexures P.6 and P.7) and denied the allegation of absence from duty. Thereafter, two notices dated 12.8.1993 (Annexures P.8) and 7.12.1995 (Annexure P.9) were served upon him for taking action under Rule 15(2)(k) of the Rules. Ultimately, he was discharged from service vide Annexure P.11 dated 3.2.1996. He submitted representation-cum-appeal dated 6.7.1996 (wrongly typed as 6.7.1997 in Annexure P.12) and sent reminders dated 26.6.1997, 20.7.1997, 5.7.1998, 16.8.1999 and 24.12.1999 but failed to get any response.

(3.) After about 4 years from the date of discharge, he filed an application under section 19 of the Administrative Tribunals Act, 1985 (for short, 'the Act') for quashing the order of discharge. He also applied under Sec. 21(3) of the Act for condonation of delay in filing the application.