AMARESHWAR SAHAY, J. - (1.) THE petitioner, a CISF Personnel, was proceeded departmentally on the charge of the gross misconduct on the ground that while filling up the attestation form he knowingly suppressed the factual information regarding his involvement in police case under Section 395 of the Indian Penal Code which was detected at the time of verification of his character and antecedent. He was also arrested in the said criminal case which was highly prejudicial to the good order and discipline of an Armed Force of the Union. The grievance of the petitioner was that he was Tamil and was only Matriculation and therefore, he was not conversant with either Hindi or English at the time of filling up the said attestation form. In fact the said attestation form was filled up on the instruction and advice by his ustad. Therefore, he had no intention to suppress any fact. In the departmentally enquiry the charge against the petitioner was found to be proved and consequently on the basis of the enquiry report the disciplinary authority by issuance of Annexure -5 dated 18.11.2000 imposed punishment of dismissal from service against the petitioner.
(2.) AGAINST the said order of dismissal from service, the petitioner filed an appeal before the appellate authority which was dismissed by the DIG CISF Unit BCCL Dhanbad vide order dated 13.3.2001 (Annexure -7). From perusal of the appellate order it appears that the appeal was dismissed on the ground of limitation holding that it was time barred as it was filed beyond the period of 30 days provided under Rule 42 -A of CISF Rule 1969. The appellate order (Annexure -7) was challenged by the petitioner before the revisional authority which was also dismissed by order dated 25.7.2002 (Annexure -9 to the reply to the counter -affidavit filed by the respondents) during the pendency of the present writ petition.
(3.) THE learned counsel for the petitioner submitted that the Appellate Court wrongly and illegally dismissed the appeal filed by the petitioner on technical ground without considering the appeal on merit.;