RAM CHANDRA Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner assailing order Ann. 2 dated 15th May, 1998 passed by disciplinary authority after holding inquiry under Rule 16 of CCA Rules, 1958, charge Nos. 1 & 3 have been found proved against him and holding him to be a habitual absentee, the disciplinary authority affirmed its earlier order dated 22nd April, 1988 by which he was removed from service.

(2.) PETITIONER joined service as Constable in 1976. For delinquency committed by him, he was placed under suspension on contemplation of inquiry vide order dated 10th August, 1986 and charge -sheet under Rule 16 of CCA Rules was served upon him dated 29th May, 1987. In all there were three charges levelled against petitioner, of which reference has been made by disciplinary authority in his order Ann.2. Extract of charge nos.1 & 3, which are relevant, are reproduced as under:

(3.) HOWEVER , in ordinary course the order impugned in the instant petition was to be challenged in appeal before the disciplinary authority as provided under Rule 23 of the Rules. But, it appears from the record that in the year 1988 first order was passed by the disciplinary authority and after going through the complete procedure on filing appeal/review subsequent order was passed by the disciplinary authority in 1998 and on 23/7/99 notices were issued by this Court, reply has been filed, but no such objection was raised. In such circumstances, if in 2008 if it is sent to the appellate authority after 20 years it will not be appropriate and thus, considers to hear the petition on merits.