INDRA DEO GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The writ petitioner is aggrieved by the order contained at Annexure-1 dated 21.1.2002 passed in Departmental Proceeding No. 12/1999, whereby he has been awarded punishment of stoppage of two annual increment equivalent to three black marks, which is a major punishment under Rule 828 read with Rule 852 of the Bihar (now Jharkhand) Police Manual.

(2.) The ground for challenge of the said order of punishment is that he was not served with a charge-sheet before initiation of the proceeding and the impugned order of punishment has been passed without service of enquiry report alongwith the second show-cause.

(3.) The petitioner has also assailed the appellate order contained at Annexure-4 vide memo no. 566 dated 16th April, 2004, whereby his appeal has been dismissed as time barred. According to the petitioner, the appeal was well within the limitation of six months from the date of receipt of the order of punishment on 5th September, 2003 and, as such, the appellate order itself is also unjustified on the ground on which it has been rejected as time barred.