IMPORTANT POINT
If the delinquent has not been punished for an act of misdemeanor, his case can be considered for compassionate allowance.

JUDGMENT :-

Jagdish Singh Khehar, J.

1. By an office memorandum dated 26.10.1995, departmental action was initiated against the appellant who was then holding the post of Constable. He was then posted in the IInd Battalion, Delhi Armed Police, Delhi. The aforesaid action was initiated against the appellant on account of his continuous absence from duty with effect from 18.1.1995. He was served with absentee notice dated 25.5.1995 on 10.6.1995, wherein he was required to resume his duty. Failing which, he was informed that departmental action would be taken against him. The appellant neither resumed his duties, nor responded to the above absentee notice dated 25.5.1995. He was thereupon, issued a second absentee notice dated 24.8.1995, which was served on him on 10.9.1995. It is not a matter of dispute, that after initiating the above departmental proceedings against the appellant, he resumed his duties on 5.12.1995. It is therefore alleged, that his unauthorized and willful absence, extended to a period of 320 days 18 hours and 30 minutes.

2. Inspector Hari Darshan was appointed as the enquiry officer. After culmination of the departmental proceedings, the enquiry officer arrived at the conclusion, that the presenting officer had been successful in substantiating the charges leveled against the appellant. The above enquiry report was furnished to the appellant on 22.3.1996. Despite being required to respond to the same, the appellant did not file any reply. In the absence of any written reply, the appellant was required to appear in the “orderly room” on three occasions, for affording him a personal hearing. He ignored all the above notices, by not reporting for personal hearing.

3. Finding his willful and unauthorized absence from duty intolerable, specially in a disciplined force, the punishing authority expressed the view, that not taking stern action against the appellant, would create a bad impression, on the new entrants into police service. Finding the behaviour of the appellant incorrigible, the Deputy Commissioner of Police, IInd Battalion, Delhi Armed Police, Delhi by an order dated 17.5.1996, dismissed the appellant from service, with immediate effect. In the punishment order dated 17.5.1996 the disciplinary authority further directed, that the period of the appellant’s absence from 18.1.1995 to 4.12.1995 (of 320 days, 18 hours and 30 minutes) would be treated as leave without pay.

4. In the order of dismissal itself, the appellant was informed, that he could prefer an appeal (against the punishment order dated 17.5.1996), within 30 days, before the Senior Additional Commissioner of Police, Delhi. The instant information was furnished to the appellant in terms of the procedure contemplated under the Delhi Police (Punishment and Appeal) Rules, 1980. The pleadings before this Court reveal, that the appellant received the punishment order dated 17.5.1996 on 24.5.1996. It is therefore apparent, that he could legitimately prefer an appeal by 23.6.1996. The appellant factually preferred an appeal, more than five and half years after passing of the impugned order, on 21.2.2002. The Additional Commissioner of Police, Delhi Armed Police, Delhi, dismissed the appeal preferred by the appellant vide an order dated 13.6.2002, on the ground that the same was badly time barred.

5. Dissatisfied with the order of punishment dated 17.5.1996, as also the appellate order dated 13.6.2002, the appellant approached the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, the Tribunal), by filing Original Application no. 3132 of 2002. In the Original Application preferred by him, the appellant narrated various reasons on account of which delay in filing the appeal had occurred (against the punishment order dated 17.5.1996) ought to have been condoned.

Firstly, it was submitted that his wife was suffering from cancer.

Secondly, the appellant asserted that he was involved in a criminal case, and therefore, was who