JAGARNATH NAYAK Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Petitioner has challenged the order dated 7.6.2006 (Annexure 10), the appellate order passed by respondent No. 3, affirming the order of the disciplinary authority dated 31.1.2006 (Annexure 8), whereby and whereunder, the petitioner has been dismissed from service.

(2.) A departmental proceeding was initiated against the petitioner for unauthorized absence on 19.2.2005, and for carrying illegal foreign liquor of about Rs. 56,000.00 on that day. The Enquiry Officer found him guilty. The disciplinary authority considered the case of the petitioner and dismissed him from service. Petitioner's appeal was also considered and rejected by the appellate authority.

(3.) Counsel for the petitioner submitted as follows. Due to his mother's illness, petitioner had to rush without in- forming/taking leaver and that he took lift in the vehicle, from which liquor was seized by the excise department. A criminal case was also instituted for the self same occurrence which is still pending against petitioner and other persons and therefore, the departmental proceeding should have been kept pending till conclusion of trial. Petitioner was not given proper opportunity of hearing before the Enquiry Officer as he was in jail at that time, and therefore, the orders of termination are liable to be set aside.