- (1.)XXXX
(2.)The brief facts are that both the petitioners were absent without any sanctioned leave in the year 1988 but, no action was taken by the respondents on the basis of the absence from duty. However, both the petitioners were dismissed from service by order dated 30.9.1988 and the order was to take effect after 21 days. Therefore, it appears that the petitioners did not go to duty as dismissal order has been passed against them. The dismissal order was challenged by the petitioners in departmental appeal but, the same was dismissed. Therefore, the petitioners challenged the dismissal order as well as the order of the Appellate Authority by way of writ petition, being Special Civil Application No.7075 of 1988. The learned Single Judge allowed the said petition by judgment dated 4.5.1999 and set aside the dismissal order as well as the Appellate Authority's order, on the ground that, without holding departmental inquiry proceedings, the petitioners who were working as constables, could not be dismissed from service and the learned Single Judge directed reinstatement of the petitioners. Said judgment of the learned Single Judge dated 4.5.1999 became final and binding between the parties as the same was not challenged by the respondents either by filing Letters Patent Appeal before the Division Bench of this Court or by Special Leave Petition before the Apex Court.
(3.)After the reinstatement order was passed by this Court, it appears that the respondents have issued the instant charge -sheet on 27.11.2000 against the petitioners, on the ground that they were absent from duty without leave in the year 1988. For 12 long years, no action was taken the against the petitioners with regard to their absence from duty. However, after the petitioners have been reinstated, the respondents woke up from slumber and issued the instant charge -sheet to the petitioners.