9911796707
TMI Blog2024 (1) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... Mohan Pandey, AOR, for the Appellant. Dr. Manish Singhvi, Sr. Advocate, S/Shri Apurv S., Shubhangi Agarwal, Advocates and Milind Kumar, AOR, for the Respondent. ORDER The appellant is aggrieved by the order dated 16th May, 2011 passed by the Jodhpur Bench of the High Court of Judicature for Rajasthan whereby the Division Bench of the High Court had rejected an appeal preferred by him against hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the appellant from service for having absconded from 23rd February, 1989, without any information. After seven years, in the year 1998, the appellant preferred an appeal before the respondent No. 3 - Appellate Authority, assailing his dismissal order passed on 20th December, 1991. The said appeal was dismissed by the respondent No. 3 vide order dated 31st December, 1998, on the ground that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... departmental inquiry against the appellant had been conducted in accordance with law and the punishment imposed on him was in connection with the allegation of absence from duty as distinct from the criminal case under the Narcotic Drugs and Psychotropic Substances Act, 1985 in which the appellant claimed that he had been acquitted. 4. Pertinently, the appellant did not surrender in the cri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant could not appear before the Inquiry Officer as he was not served with the chargesheet nor was the dismissal order ever served upon 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds and concurred with the findings returned by the Disciplinary Authority1. 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. 8. In view of the aforesaid observations, the present ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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