LAWS(SC)-1984-1-13

ANOOP JAISWAL Vs. GOVERNMENT OF INDIA

Decided On January 24, 1984
ANOOP JAISWAL Appellant
V/S
GOVERNMENT OF INDIA Respondents

JUDGEMENT

(1.) June 22, 1981 was really a bad day for the appellant Anoop Jaiswal who having been selected by the Union Public Service Commission for appointment in the Indian Police Service was undergoing training as a probationer, at the Sardar Vallabhbhai Patel National Police Academy, Hyderabad along with other probationers. On that day all the probationers were expected to be present at 5.50 A.M. at the field where the ceremonial drill practice was to be conducted. Since it was raining at that time it appears that the venue was shifted to the Gymnasium Hall where it was proposed to conduct P. T./unarmed combat practice and intimation was sent to the trainees at the Mess. When the Assistant Director (Outdoor Training) reached the Gymnasium at 5.50 A. M. none of the probationers had reached there. They all reached the place 22 minutes late i.e. by 6.15 A.M. when the rains had abated and the parade commenced at 6.15 A. M. It appears that earlier when a messenger sent by the Assistant. Director had gone to call the probationers they had asked for a vehicle to go to the place as it was raining. The delay was considered as an incident which called for an enquiry. Explanation was called from all the probationers. The appellant was considered to be one of the ring leaders who was responsible for the delay. When the appellant was asked about the incident he gave his explanation to the Director of the National Police Academy which read thus:

(2.) It would appear that the Director without holding an enquiry into the alleged misconduct recommended to the Government of India that the appellant should be discharged from the service. On the basis of the above report the Government of India passed the order of discharge dated November 9, 1981 and communicated it to the appellant. The material part of the order reads thus:

(3.) On receipt of the above order of discharge, the appellant made a representation on November 14, 1981 to the Government of India to reconsider the matter. It appears that the Director of the National Police Academy on this occasion recommended that the appellant may be reinstated. That representation was rejected by the Government of India on April 8, 1982. Thereafter, he filed a petition under Article 226 of the Constitution before the High Court of Delhi contending that the order of discharge was violative of Article 311 (2) and Article 14 of the Constitution. That petition was dismissed by the High Court at the stage of admission on August 30, 1982 after hearing the counsel for the Union of India. Against the judgment of the High Court, the appellant has filed this appeal with special leave under Article 136 of the Constitution.