Allowed

Md Tanweer v. State Of Jharkhand And Ors.

Jharkhand HC6 Sept 2017WPC/1022/2017

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What is this about?

The High Court of Jharkhand quashed an appellate order dismissing a police employee's appeal against dismissal on limitation grounds. The court remitted the matter for fresh consideration after affording the petitioner an opportunity to produce oral or affidavit evidence regarding his medical condition.

What did the court decide?

Appellate order dated 24.05.2016 quashed and matter remitted for fresh consideration with opportunity to produce evidence.

Md Tanweer Vs State Of Jharkhand And Ors. — Pension and Retirement Benefits | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1022 of 2017

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Md. Tanweer, son of Md. Ashiq, resident of village Bhikrajpur, PO&PS-Baliyarpur, District-Dhanbad ... ... Petitioner Versus

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The State of Jharkhand

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Superintendent of Police, District-Saraikela Kharsawan

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DIG, Kolhan Division, PO&PS-Chaibasa, District-Singhbhum West ... ... Respondents

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mrs. Anjana Kumari, Advocate For the State : Mr. Chanchal Jain, J.C. to AG Mr. Sameer Sahay, J.C. to AG

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06/06.09.2017 Aggrieved of penalty order dated 22.12.2012 and appellate order dated 24.05.2016, the petitioner has approached this Court.

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Shorn of unnecessary details, suffice is to record that the petitioner proceeded on leave on 17.03.2012. He was to report for duty on 22.03.2012, however, he remained absent without any information to the department. On 22.12.2012, he was placed under suspension and a departmental proceeding was initiated. In the departmental proceeding he did not participate nor did he submit his reply to the second show-cause notice issued on 30.11.2012. He suffered penalty of dismissal from service vide order dated 22.12.2012. Before the appellate authority he pleaded that on account of his own treatment and treatment of his father at Christian Medical College, Vellore and illness of his mother since 2010, he remained absent. In support thereof he produced medical prescriptions. The appellate authority has held that the appeal preferred by the petitioner on 08.10.2015 is barred by limitation.

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Provision for appeal under Rule 852 of Jharkhand Police Manual against the order of punishment is statutory and normally, a statutory appeal should not be rejected on the ground of limitation, in particular, when the appellant has raised triable issues. Surprisingly, after holding the appeal filed by the

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petitioner barred by limitation, the appellate authority has adverted to merits of the matter and dismissed the appeal on the ground that the appellant has failed to inform about his treatment to the concerned authority.

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Considering the mandate of Rule 852 of Jharkhand Police Manual and voluminous documents produced by the petitioner along with his appeal-memo, copies of which have been produced in the present proceeding but not denied by the respondents, appellate order dated 24.05.2016 is quashed. The matter is remitted back to the appellate authority for a fresh consideration on the appeal filed by the petitioner, after affording opportunity to the petitioner to produce evidence, oral or by way of affidavit, in support of his defence.

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Let a decision be taken by the appellate authority within three months, after issuing notice to the petitioner, within four weeks for producing evidence.

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The writ petition stands allowed, in the above terms.

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(Shree Chandrashekhar, J.)

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Tanuj/-

Md Tanweer v. State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Md Tanweer v. State Of Jharkhand And Ors.

Case brief

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What did the court decide?

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