ARUN KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Prayer of the petitioner in this application filed under Article 226 of the Constitution of India is to quash the order dated 3-4-2002 whereby the petitioner has been visited with the penalty of compulsory retirement. Further prayer made by him is to quash the order dated 27-8-2002 and order dated 31-10-2002 whereby the appeal and the memorial preferred against the order of the disciplinary authority has been rejected.

(2.) Short facts giving rise to the present application are that at the relevant time petitioner was a Constable in the Central Reserve Police Force (for short the Force). A departmental proceeding was initiated and by memo dated 8-10-2001 (Annexure-1) memo of charges served which contained three charges. First charge pertained to petitioner's absence from duty on different shifts for 118 days and deserting the force for the same number of days Punishment of withholding of salary on three occasions earlier was also the subject matter of charge. Defence of the petitioner was that on account of sickness he absented from the duty and deserted the force. The enquiry officer after holding the enquiry held the petitioner guilty of all the charges. The disciplinary authority made available to the petitioner copy of the enquiry report and asked him to submit his show cause. Petitioner did not file his show cause. The disciplinary authority on consideration of the report of the enquiry officer and taking into consideration the relevant records by order dated 3rd April, 2002 inflicted penalty of compulsory retirement. Petitioner aggrieved by the same preferred appeal dated 3-5-2002 but the same was sent by speed post on 10-8-2002. Petitioner did not assign reason for delay in filing the appeal and the appellate authority by order dated 27-8-2002 (Annexure-4) dismissed the appeal. Petitioner aggrieved by the same preferred Revision and the Inspector General of Force by order dated 31-10-2002 which was communicated to the petitioner by letter dated 5-11-2002 (Annexure-6) dismissed the same.

(3.) In this writ application prayer of the petitioner is to quash the aforesaid orders of the disciplinary authority, appellate authority and the revisional authority.