Dharambir S/o Late Ramji Lal vs Union Of India through the Secretary

Deepak Roshan, J

The instant writ application has been preferred by the petitioner against the order of dismissal from service dated 01.10.2008 contained in Letter No. P-8-1/2008-190-Stha-2 (Insas) passed by the 2nd Respondent. The petitioner has also assailed the order dated 25.02.2009 (Annexure-2) whereby the appeal preferred by the petitioner was rejected.

The petitioner has also challenged the revisional order dated 16.04.2010 whereby the revision application to reinstate him with full salary from the date of punishment with all consequential benefits has been rejected.

Learned counsel for the petitioner could not demonstrate as to whether any principle of natural justice have been violated; rather he admits that the petitioner was given proper opportunity in the departmental proceeding which culminated in the termination order.

After going through the order of termination it does not transpire that there is any perversity in the order and the entire contention of the petitioner has been well discussed. Same is with the appellate and revisional order.

The petitioner was in service of a force that certainly demands more alertness and it appears from the charge-sheet that several arms and ammunition were removed from his room for which he was duly responsible.

The petitioner has failed to demonstrate any perversity in the order or any procedural irregularity. As such, I do not find any merit in the writ application and accordingly, the instant writ application stands dismissed.

Before parting it is necessary to deal with the submission of the petitioner that at least some pensionary benefit may be extended to him. In this regard, it is observed that if as per the Police Manual or any other Rules and Regulation; if any dismissed employee is entitled for pension, then his case may be considered in accordance with law and applicable rules and regulation.