Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.6198 of 2023
Decided on: 11.08.025 _________________________________________________________________
Tara Chand
....Petitioner
Versus Union of India & Ors. …Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. R.L.Chaudhary, Advocate. For the respondents: Mr. Shiv Pal Manhans, Sr. Panel Counsel. ________________________________________________________________
Jyotsna Rewal Dua, Judge
Petitioner, at the age of 74 years, has instituted this writ petition for grant of following substantive reliefs:- (i) That writ of mandamus may kindly be issued, directing the respondent authorities to decide the appeal of the petitioner dated 20.05.2023 (Annexure P-3) within a time bound manner by taking into consideration that the petitioner was under panic attack and lost his memory in May, 1978 due to the factum that his wife was suffering from serious illness of cancer and ultimately, she died without getting any treatment, since the
1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - petitioner was away from his home and leaves were not granted to him by his higher authorities. ii) That writ of mandamus may kindly be issued, directing the respondent authorities to pay all the retiral benefits including pension to the petitioner, since he has served in the CRPF for 12 years, 9 months & 23 days and in terms of Annexure P-1,he was discharged from the CRPF having very good character, but the petitioner could not agitate his claims before CRPF from 1978 till 2023 for the reason that the petitioner was suffering from serious panic attack and lost is memory.”
2. Respondents have filed reply, inter-alia, stating therein that the petitioner’s case is about 45 years old and, as such, the related files and records have weeded out. As per available record, petitioner remained absent from the Guard Duty and lines without permission on 20.01.1978. He consumed liquor and tried to forcibly enter into Government accommodation of a Constable. His conduct, procrastination and disobedience while on duty, was not acceptable, hence, departmental inquiry was ordered against him on
13.02.1978. The inquiry was conducted by the Inquiry Officer as per existing rules and regulations. Charges were proved against the petitioner. He was awarded punishment of removal from service on 12.05.1978. Petitioner did not appeal before the Appellate Authority within the stipulated period,
- 3 - but instituted this writ petition after 45 years. 3.
At this stage, learned counsel for the petitioner submitted that the appeal preferred by the petitioner on 20.05.2023 has been dismissed by the competent authority on 28.12.2023, hence, this writ petition has been rendered infrucutous. 4. In view of above, this writ petition to stand disposed of as having become infrucutous. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua
Judge August 11, 2025 R.Atal