GAJENDRA SINGH BHADAURIA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD R.C. Saxena, Learned Counsel for the Petitioner, H.M. Raturi, learned Standing Counsel State of Uttarakhand for Respondent Nos. 1 and 3 and Subhash Upadhyay, Learned Counsel for Respondent No. 2.

(2.) BY means of this writ petition, the Petitioner has challenged the order dated 26 -10 -2004 passed by opposite party No. 2 contained in Annexure No. 1. He has further prayed to issue a writ in the nature of mandamus commanding the opposite parties not to give effect to the impugned order dated 26 -10 -2004 and pay the Petitioner his monthly salary regularly.

(3.) THE Petitioner was selected and appointed as Constable in U.P. Civil Police on 16 -02 -1995. The Petitioner was transferred from Banda to Pauri and joined at Pauri Garhwal on 19 -05 -1999. A preliminary inquiry was conducted against the Petitioner for the charges for remaining absent from duty a number of times and one Virendra Singh, Inspector, P.S. Kotwali, Pauri Garhwal after holding preliminary inquiry, submit -ted the report on 22 -07 -1999. Respondent No. 2 served a charge sheet on the Petitioner on 04 -10 -1999 for the charges of remaining unauthorizedly absent for a period of 103 days in the first spell and for 26 days in the second spell.