CHANDRA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri B. K. Srivastava, counsel for the petitioner and learned standing counsel appearing for the respondents. Counter and rejoinder-affidavits have been exchanged. The writ petition is being decided at the admission stage with the consent of the parties.

(2.) The present writ petition has been filed by the petitioner challenging the order dated 27.2.1997 passed by the Superintendent of Police, Pilibhit dismissing the petitioner from service and the order dated 18.6.1998 passed by the Deputy Inspector General of Police rejecting the appeal of the petitioner and the order passed by the Inspector General of Police dated 8.2.1999 dismissing the revision filed by the petitioner. The case of the petitioner as set out in the writ petition is that the petitioner was appointed on the post of constable in the year 1974. Petitioner has stated that in the year 1995, he was posted at district Pilibhit. It has been averred in paragraph 3 of the writ petition that the petitioner became mentally sick and he was undergoing treatment under Dr. H. B. Singh, Agra from 21.9.1995 to 18.5.1997. Petitioner states that a show cause notice dated 27.12.1996 was issued by the Superintendent of Police, Pilibhit. A charge-sheet dated 27.12.1996 was also issued to the petitioner which has been filed as Annexure-3 to the writ petition. Petitioner states that on 27.2.1997, an order was passed by the Superintendent of Police that petitioner's absence from 19.9.1995 is sanctioned as leave without pay. Petitioner further states that on the same day, an order has been passed by the Superintendent of Police dismissing the petitioner from service. Against the aforesaid order the petitioner filed an appeal which was dismissed. Thereafter he preferred a revision which was too dismissed.

(3.) The respondents in their counter-affidavit have stated that the petitioner absented from 19.9.1995 without any information. It was stated that the petitioner never gave any information regarding his alleged absence. It was stated that the disciplinary enquiry against the petitioner was initiated on 29.12.1996. Charge-sheet was issued on 2.11.1996 which was received by the brother of the petitioner on 3.11.1996 at his residence. Again on 12.11.1996 a copy of charge sheet was served on the wife of the petitioner Smt. Munni Devi. Show cause notice dated 17.12.1996 along with the findings of the enquiry was issued which was served upon the petitioner on 27.1.1997. The petitioner did not appear in spite of information. The allegation that the petitioner was ill is incorrect. Petitioner never appeared nor gave any explanation. Counsel for the petitioner raised following three submissions :