The judgment emphasizes the importance of limitation as a rule of public policy and the petitioner's failure to explain the delay in approaching the court.

JUDGMENT :

"Limitation is not a matter of justice.

It is a rule of public policy which has its origin in history and its justification in convenience."

Alfered Denning.

1. Feeling aggrieved and dissatisfied with the order passed by respondent no. 3-commandant 20 Bn CRPF on 20.08.2001, the petitioner has preferred instant writ petition after an inordinate delay.

BRIEF FACTS OF THE CASE

2. It is stated that the petitioner got appointed as Constable bearing No. 983360413r in the department and was working in D/22nd Battalion, Central Reserve Police Force (CRPF) at Assam in the year 1998. In the year 2000 petitioner was granted leave for 60 days from 12.07.2000 to 09.09.2000 on account of his mother being ill. Unfortunately, he lost his mother and his wife. These harsh circumstances lead to adverse psychiatric symptoms and the petitioner had to undergo consistent treatment and had to maintain proper follow-up from the year 2001.

3. It is stated that at the back of the petitioner, the proceedings were initiated and an ex-parte dismissal order was passed by Commandant 22nd Battalion CRPF, Assam, without affording any opportunity of being heard to the petitioner. Petitioner made several representations to the Commandant and Director General CRPF, but no heed was paid to the representations of the petitioner by the respondents. Petitioner's misfortune went unabated as his mental health started deteriorating and ultimately he was detected with psychiatric disorders including acute depression and psychological disturbance. Petitioner was admitted to Government Psychiatric Hospital on 01.02.2001 and underwent several cycles of therapies both medicinal and psychological. Petitioner finally was discharged on 10.10.2008 as per medical records.

4. Petitioner approached this Court in the year 2011 by way of SWP No. 1429/ 2011. It is germane to reproduce the order passed in the said writ petition on 16.12.2011 herein :

"Respondents' learned counsel stated at bar that petitioner's services were terminated in the year 2001. A copy of the termination order has been supplied by the learned counsel to the petitioner' s learned counsel.

In view of the statement made by respondents' learned counsel, petitioner's counsel sought permission to withdraw the petition with liberty to the petitioner to question the termination order in appropriate proceedings.

Dismissed as withdrawn with liberty as prayed for subject, however, to all justice exception."

5. Petitioner has challenged the impugned order being perverse, based on bare conjectures & surmises having been issued without application of mind. It is stated that the Inquiry officer seems to have lost sight of the basic principle of natural justice and has neglected Audi alteram Partem.

6. It is stated that the dismissal order speaks for itself that the proceedings were held ex-parte and petitioner had no knowledge of the disciplinary proceedings, as neither he was present in the said proceedings nor was he was given chance to cross examine any witness. Rule 27 of CRPF Rules, 1955 mandates a fair procedure which has been thrown to winds by respondents as proceedings are to be conducted in presence of accused and above all, accused is to be examined, no such opportunity has been given to the petitioner. The petitioner at the worst committed offence under Section 10(m) of CRPF Act, 1949, a less heinous offence, which warrants punishment with imprisonment for a term of one year or with fine, which may extend to three months pay, or with both, but it does not prescribe that the accused shall be terminated.

7. In the reply filed by the respondent, it is stated that petitioner was enlisted in CRPF with effect from 27.02.1998 and he reported in 22 BN, CRPF on transfer from 136 BN on 28.05.1999. He proceeded on 60 days LKD w.e.f. 12.07.2000 to 09.09.2000 with permission to avail Sunday on 10.09.2000. He was due to report in the evening roll call on 10.09.2000, but he failed to do so and overstayed from LKD w.e.f. 11.09.2000