MUNDRIKA PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) : This appeal has been filed by the appellant -Mundrika Prasad Singh against the order dated 31.10.2007 passed by the learned Single Judge in W.P.(S) No. 1885 of 2007 by which the writ petition filed by the petitioner, challenging his dismissal from service in the year 1983, was not entertained and consequently the writ petition was dismissed.

(2.) THE admitted case of the parties is that the petitioner -appellant was discharging his duties as Havildar in the Railway Protection Force and was posted under South Eastern Railway Administration in Chakradharpur Division. During the employment, the petitioner -appellant remained absent from duty for a period of ten months for which a proceeding was initiated against him for his unauthorized absence. According to the respondents, notice in regard to the enquiry was duly served on him. However, the appellant -delinquent did not respond to the show cause and hence by virtue of an ex parte enquiry, the charge of unauthorized absence from duty was held to have been established. Consequently an order of his removal from service was passed in the year 1983.

(3.) HOWEVER , the writ petition was dismissed by the learned Single Judge by order dated 31.10.2007 and hence this appeal.