D.S.Baweja, Member - (1.) This OA has been filed under Section 19 of the Administrative Tribunal Ant with a prayer to quash the impugned orders dated 28-10-1984 and 16-5-1986 imposing penalty of dismissal from service passed by respondent No. 3, the disciplinary authority and respondent No. 2 appellate authority respectively.
(2.) The applicant filed a writ petition 16535/86 before High Court, Allahabad. After exchanging the counter and the rejoinder affidavits and several adjournments, the case was finally heard on 5-11-1993, and the writ petition was dismissed on the ground of alternative remedy being available. It was directed that if the applicant files the petition within three months before the Tribunal, then the question of limitation will not arise. The applicant has filed the application in the Tribunal on 30-11-1993.
(3.) The brief facts of the case listed by the applicant in support of his prayer are as follows. The applicant was working as a General Mechanic in the Government Opium end Alkaloid Works Ghazipur (referred to factory hereafter). On 30-7-1930 an FIR was lodged by the Assistant Commandant of C.I.S.F. of the Factory to the effect that the applicant had tried to smuggle out Morphine from the Factory Subsequent to lodging of the FIR, the applicant was suspended from 30-7-1980 by an order dated 7-8-60, by the officer looking after the work of the General Manager and the same was confirmed by the competent authority subsequently vide letter dated 9-9-1980. Against the FIR lodged under the Opium Act, the applicant was acquitted by the Assistant Magistrate vide judgment dated 28-8-1984 (Annexure 4 Compilation 2). No appeal against this judgment was made by the respondents.;