JAGBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) (C.A.V) - The present petition has been filed for quashing the order dated 17/18 January, 2018, whereby and where under the representation filed by the petitioner has been dismissed.

(2.) The short facts of the case are that the petitioner was departmentally proceeded on two charges, first being regarding having over stayed on leave for 10 days and second being regarding him having over stayed on leave for 272 days without any information.

(3.) During the course of the departmental enquiry, the charges were found to have been proved where after the disciplinary authority had passed the punishment order of removal. Against the said order of punishment of removal dated 19.07.2001, the petitioner preferred an appeal before the appellate authority which was also rejected by an order dated 05.12.2001. The revision filed by the petitioner was also rejected vide order dated 25.07.2002, where after the petitioner assailed the order of dismissal before the Hon'ble Delhi High Court in Writ Petition No. 793 of 2003, however the same was dismissed as withdrawn by an order dated 29.08.2006 with a liberty to the petitioner to make representation to the respondents in accordance with the rules. The representation of the petitioner was also rejected by an order passed by the departmental authorities on 03.04.2007. Thereafter, the petitioner approached this Hon'ble Court by filing a writ petition bearing CWJC No. 9031 of 2008. However, the writ petition was dismissed by an order dated 16.07.2013 by a speaking and reasoned order and this Court came to the conclusion that the petitioner herein, during the course of him being on probation, had not once but twice over stayed leave for a period of 10 days and 272 days respectively, which is a serious charge, considering the fact that the said act of indiscipline was committed while him being a member of disciplined armed forces of the Union, hence this Court declined to interfere either on merits of the case or on the issue of quantum of punishment and the writ petition was dismissed. The petitioner appears to have assailed the said order dated 16.07.2013 passed in CWJC No. 9031 of 2008 by filing an appeal bearing L.P.A. No. 1394 of 2013, however, the learned Division Bench of this Court by an order dated 16.11.2017 came to the conclusion that there is no error in the order passed by the Writ Court so as to warrant any re-consideration and disposed off the said L.P.A. with liberty to the petitioner to approach the competent highest authority of the Department so that the said authority may re-examine the claim of the petitioner herein limited to the extent of modification of the punishment order or interfering with the quantum of punishment, however, it was made clear that no opinion has been expressed on the merits of the contentions advanced and merely the matter has been remanded to the competent authorities for consideration. It appears that the petitioner had then approached the highest authority i.e. the Director General, C.I.S.F and the Director General, C.I.S.F., by an order dated 17/18 January, 2018 has rejected the representation of the petitioner herein by a detailed, self speaking and a reasoned order.