Dismissal upheld but application dismissed due to 23-year delay and laches despite acquittal.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2111/2013 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and is registered and listed as T.A No. 6955/2021 before this Tribunal by its Registry.

2. The present matter was filed before the Hon’ble High Court seeking the following relief(s): -

“A) Writ of Certiorari may kindly be issued to the respondents to quash the order No. 644 of 90 dated 17th May. 1990 issued by Sr. Supdt. of Police Udhampur by which the respondents have dismissed the petitioner from Service w.e.f. 11th April, 1990, to quash the Order No. 160 of 96 dated 11th September, 1996 issued by Inspector General of Police by which the Inspector General has rejected the appeal of petitioner as time barred.

B) writ of mandamus; commanding the respondents to consider the case of petitioner for reinstatement by issuance of and for issuance of further direction to the respondents to give all the consequential benefits of service to the petitioner and to give the effect of service to the petitioner from, the date the petitioner was dismissed front service i.e. w.e.f. 11th April, 1990 and also to pay the salary, allowances and other consequential benefits from the date the petitioner was dismissed from service by issuance of writ of mandamus; Any other interim or final relief as the Hon'ble Court may deem appropriate in the circumstances of the case.”

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

1. That the petitioner was appointed in December, 1988 as Constable in District Police Udhampur. The petitioner was selected by the Selection Committee. The Dy. Inspector General of Police issued a D.O. letter vide No. 21077/88 dated 5th December, 1988 by which, the Dy. Inspector General of Police sent the list of selected candidates for appointment against the vacancies existed in District Udhampur and the directions were given to the Sr. Superintendent of Police, the appointment orders of these selected candidates may be issued by you and before orders are issued, you have to fulfill two conditions: a) verification of height and chest, educational qualification character antecedents/state subject certificate, medical examination b) Before appointment orders are issued clearance/approval may be obtained from Range Office. The Sr. Superintendent of Police, Udhampur has issued an order No. 1331 of 1988 dated 21st December, 1988 by which the petitioner was selected by the Board in the pay scale of 800-1500 against the post of Constable. After conducting all the verifications by the respondents, the petitioner was selected and the respondents have Allotted No. 976/U to the petitioner. A false and frivolous case has been registered against the petitioner u/s 467, 468, 420 and 471 RPC on the allegations that the petitioner has suppressed material facts from the respondents and the petitioner has produced a false and fictitious certificate where the wrongly date of birth of the petitioner was recorded. The petitioner was tried by the Court of Sessions Judge Udhampur and the petitioner was acquitted from the charges on 24th January, 1996.

2. That the respondents without conducting any proper enquiry, without conducting provisions of law and without following the provisions of Police Manual, have issued an order vide No. 644 of 90 dated 17th May, 1990 by which the Sr. Superintendent of Police Udhampur dismissed the petitioner from service w.e.f. 11th April, 1990 on the ground that it is not admissible to retain the petitioner in the Force. The petitioner having dissatisfied from the dismissal order filed a service writ petition SWP No. 967/2001 which ultimately on the assuran