TMI Blog2024 (1) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... by the respondent No. 4 - Disciplinary Authority on 20th December, 1991. It took the appellant seven long years to approach the Appellate Authority against the dismissal order passed against him sometime in the year 1998. The factum of the appellant having been discharged in the criminal case would not be of any material consideration as the Disciplinary Authority1 had taken action against the appellant for remaining absent from duty which is clearly brought out from the record. The present appeal is dismissed as meritless while leaving the parties to bear their own expenses. - HIMA KOHLI AND RAJESH BINDAL, JJ. Shri Uday Gupta, Ms. Shivani M. Lal, Hiren Dasan, M.K. Tripathi, Ms. Sanam Singh, Ms. Yogamaya M.G., Rajeev Kumar Gu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mber, 1991. The said appeal was dismissed by the respondent No. 3 vide order dated 31st December, 1998, on the ground that the appellant had continued to abscond from his place of posting from 23rd February, 1989 after being involved in the case of smuggling of heroin registered by the Customs Department. It was also noted that the Inquiry proceedings were conducted in accordance with law and only thereafter, was the punishment awarded to the appellant. 3. Aggrieved by the said order of rejection passed by the Appellate Authority2, after three years, in the year 2001, the appellant preferred a Review Petition before the respondent No. 3 -DIG Range, Jodhpur which was also dismissed vide order dated 3rd July, 2001 with an observation that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon him. Lastly, it is stated that once the appellant has been acquitted in the criminal case, then the respondents ought not to have taken such a harsh view against him of dismissal from service. 7. We are afraid, none of the aforesaid pleas are persuasive. In the instant case, the appellant deliberately kept away from the inquiry proceedings. He was aware of the manner in which the disciplinary proceedings were going on but elected to stay away. He did not report for duty from 23rd February, 1989 till the order of dismissal from service was passed against him by the respondent No. 4 - Disciplinary Authority on 20th December, 1991. It took the appellant seven long years to approach the Appellate Authority against the dismissal order pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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