Elizabeth Hembrom, wife of late Kiran Soren vs State Of Jharkhand

Deepak Roshan, J

The instant writ application was initially preferred by one Kiran Soren who died during pendency of this writ application and her legal  heirs  have  been  substituted  at  her  place  who  are  now  contesting  the case.

This writ application  was  filed  for quashing and setting aside the entire Departmental Proceeding No. 40 of 2008 and also the subsequent order of punishment dated 10.01.2010 whereby the original petitioner was dismissed from service.

The original petitioner has further challenged the decision contained in Letter  No.  2493/Go dated 24.06.2009 whereby the petitioner was informed  that he was  suspended with immediate effect and also the appellate order dated 26.04.2015 which has also rejected his claim.

After  going  through  the  records,  it  appears  that  the  memo  of appeal filed by the original petitioner was received on 01.04.2010 and the same was dismissed on 26.04.2015 on the ground that as per Rule 852(ka) of the Jharkhand Police Manual the aggrieved person has to file an appeal within a period of six months. Since the original petitioner filed the appeal beyond the statutory period, same was dismissed.

However,  the  memorandum  of  appeal  which  is  at  Annexure- 11 to the writ application (running page 41) clearly indicates that the said memorandum of appeal was received by the office on 01.04.2010 i.e. certainly within a period of six months.

Having  regard  to  the aforesaid  facts,  without  interfering  with the order of punishment of dismissal, the appellate order dated 26.04.2015 by which  the appeal was dismissed on account of time barred,  is quashed and  set  aside  and  the  instant  case  is  remitted  to  the  appellate  authority  to pass a fresh order in accordance with law.

It goes without saying that if the order is passed in favour of original delinquent who is no more, the monetary benefits shall be extended to the present petitioners. The entire exercise shall be completed within a period of four months from date of receipt of copy of this order.

With the aforesaid observation, the instant writ application stands disposed of.

Pending I.As., if any, also stand disposed of.