Delhi High Court
Vinod vs Union Of India on 31 October, 2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 31st October, 2014
+ RSA 313/2014 & C.M.Nos.17785-86/2014
VINOD ..... Appellant
Through: Mr. Anil Kumar, Advocate
versus
UNION OF INDIA ..... Respondent
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT (Oral)
CM No.17786/2014
Allowed subject to just exceptions.
RSA 313/2014 and CM No.17785/2014 (stay)
The appellant - plaintiff, a government employee with RPF
Northern Railways was charge-sheeted and after a departmental enquiry
vide order of 26th February, 1981, he was dismissed from service and
against the said order, the appellant had preferred a statutory appeal and
thereafter he had filed a civil suit seeking declaration that his dismissal
from service stands vitiated as principles of natural justice were not
followed. The trial court had decreed the appellant - plaintiff's suit while
holding that defence counsel was not provided to the appellant, there was
no evidence that he was under the influence of liquor and that he had
remained absent from duty just for 15 minutes. However, right to impose
RSA 313/2014 Page 1
a minor penalty was given to respondent - department. Not satisfied with
the trial court judgment, respondent had filed an appeal which stands
allowed vide impugned judgment of 3rd July, 2014 while holding as
under:
"9) After hearing the arguments and going through the
record file carefully, I am of the considered view that the
charges levelled against the respondent were serious in nature
since the Railway Police Force (RPF) is undisputedly a
disciplined force which required the members of the force to
maintain the discipline. The penalty imposed upon the
respondent cannot be said to be disproportionate to the charges
levelled against him. Further, proper opportunities of hearing
were afforded to the respondent, during the departmental
proceedings. During the course of arguments, ld. Counsel for
the respondent was not able to show that proper opportunities
were not given to the respondent to defend his case. On the
other hand, ld. Counsel for the appellant has successfully
proved its case."
At the hearing of this appeal, it was strenuously urged by learned
counsel for the appellant that respondent's appeal was time barred as
there was delay of seven days, there was misreading of evidence by the
first appellate court and the material evidence on record has been
disregarded. Thus, setting aside of the impugned judgment and
restoration of trial court judgment is sought in the second appeal.
Upon hearing and on perusal of the impugned judgment, trial court
RSA 313/2014 Page 2
judgment and the material on record, I find that the appellant had not
pointed out before the first appellate court that the appeal is barred by
time. There is no material on record on the basis of which it can be
reasonably concluded that respondent's first appeal was time barred. It is
not the case of the appellant that he had sought the assistance of a defence
assistant and it was refused. In fact, it has come in the evidence of the
enquiry officer that the appellant had refused to nominate any defence
assistant. Although, a plea was taken that the enquiry officer (PW-1) had
acted as presenting officer as well but no such plea was taken before the
courts below and it was put to learned counsel for the appellant as to
whether any suggestion in this regard was given to the enquiry officer
(PW-1) and it was candidly replied by learned counsel for the appellant
that no such suggestion was given. During the course of hearing, it was
pointed out that while the appeal was pending, the delinquent official had
died and his LRs were not brought on record. This submission is noted
only to be rejected because the first appellate court had also heard the
counsel for the delinquent official.
In the considered opinion of this court, no substantial question of
law arises in this appeal. Accordingly, this appeal and the application are
dismissed with no order as to costs.
(SUNIL GAUR)
JUDGE
OCTOBER 31, 2014
aj
RSA 313/2014 Page 3
