JUDGMENT

Sujoy Paul, J.

1. This petition filed under Article 226 of the Constitution assails the punishment order of dismissal and also the appellate order dated 5.2.2008 (Annexure P-1).

Brief facts necessary for adjudication of this matter are as under:-

The petitioner was a Constable Driver in the respondent-Organization (C.R.P.F.). The petitioner obtained leave because of serious illness of his son. However, it was alleged that he overstayed the leave. It is submitted that during the overstay of leave, petitioner became unwell. After recovery from illness, the petitioner gave his joining on 19.8.2003, but he was not allowed to perform his duties. In February, 2004, the petitioner came to know that he has been dismissed from service.

2. Shri T.C. Singhal, learned counsel for the petitioner submits that charge sheet or any kind of notice of departmental enquiry was never served on the petitioner. Even dismissal order was not served. The petitioner preferred representation on 16.2.2003 for supplying him the copy of disciplinary proceedings and the dismissal order. In turn, by letter dated 1.3.2004 the copy of dismissal order was supplied to the petitioner. In turn, the petitioner prefer