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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI
Pradeep Singh Bhauryal Constable No. 3554 – Appellant
Versus
Deputy Inspector of P.A.C. Police Headquarter – Respondent
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. Petitioner was serving as Constable in Indian Reserve Battalion, and he was dismissed from service vide order dated 05.09.2012 passed by Commandant, IRB, Bailparaw, Ramnagar, Nainital. Against his dismissal, petitioner filed an appeal, which has been dismissed on the ground of delay vide order dated 05.05.2014. Thus, feeling aggrieved, petitioner has filed this writ petition, challenging the order passed by Appellate Authority as well as the Disciplinary Authority.
2. Perusal of the order passed by Appellate Authority/Deputy Inspector General of Police, P.A.C. Uttarakhand, reveals that the appeal was dismissed on the sole ground that it was not filed within 03 months from passing of the punishment order and there was delay of 01 year 07 months and 24 days.
3. Learned counsel for the petitioner submits that petitioner was dismissed from service on the ground of unauthorized absence between 07.04.2012 to 19.05.2012; the dismissal order was passed by the Commandant on 05.09.2012, therefore, the limitation for filing appeal, prescribed in Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal), Rules 1991 would have no application
Limitations for appeals under older rules cannot be enforced if inconsistent with provisions of newer legislation, thus allowing an appeal without time restrictions.
The principle of res judicata applies to writ petitions under Article 226, preventing relitigation of issues previously adjudicated on merits.
The court upheld the dismissal of the plaintiff as valid due to the lack of a timely appeal and the nature of the allegations against him, affirming the importance of adhering to statutory limitation....
The central legal point established in the judgment is the significance of the date of delivery of the penalty order in determining the period of limitation for appeals under Rule 35 of the CCA Rules....
Representation under Rule 25 cannot bypass statutory appeal and revision processes as per the Uttar Pradesh Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991.
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