MAHENDRA SINGH Vs. STATE PUBLIC SERVICES TRIBUNAL

JUDGEMENT

(1.) Heard, Sri S. A. Gilani, learned Counsel for the petitioner. Learned standing counsel appears for respondents.

(2.) The petitioner was posted as Constable in the office of Senior Superintendent of Police, Meerut. He was implicated in a case under Section 365/120, I.P.C. Apprehending his arrest, the petitioner applied for leave on 3.10.1992 on the ground that the police officers of Saharanpur will arrest and kill him showing his death in an encounter. The petitioner surrendered on 19.10.1992 in Court, and was confined to jail till 21.10.1992, and thereafter, he joined his duties in the record office on 22.10.1992. The allegations and the circumstances of the criminal case have not been brought on record.

(3.) It is submitted that the petitioner was suspended on 17.11.1992, and was served with a charge-sheet dated 1.2.1993 for remaining absent without leave for 30 days. The petitioner applied for transferring his enquiry to some other district except Meerut and Saharanpur. The application was not considered and thereafter dates were fixed for enquiry in which the petitioner did not appear. The proceeding was concluded ex-parte. The petitioner thereafter submitted his explanation to the show-cause dated 29.5.1993 and to the report of the enquiry officer and his findings. It is alleged that while considering explanation, the Senior Superintendent of Police, Meerut dismissed him from service by his order dated 1.6.2003. The petitioner's appeal was dismissed by order dated 9.12.1993.