DEVESH MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) DEVESH Mishra, a trainee Sub-Inspector of Police at P. T. C. Moradabad has approached this Court under Article 226 of the Const of India for a writ of certiorari quashing the impugned orders of expulsion dated 2-9-82 and the order of removal dated 8-9-1982.

(2.) INDUBITABLE factual matrix of the case may be recapitulated and they are that on being selected as a Cadet for training to the post of Sub Inspector of Police for the year 1981-82 the petitioner joined the Police Training College (1) Moradabad (hereinafter referred to as P. T. C) on 18-8-81 and was allotted Cadet No. 106 in the aforesaid college. In the course of training, the petitioner was granted leave and accorded permission to leave Training Centre from 7-3-82 to 14-3-82 on the occasion of holy festival obviously presupposing him to return and resume his duties/training at P. T. C. in the morning of 15th March 1982 The petitioner over-stayed his leave allegedly on the ground of some ailment as a consequence of which he was admitted to Swamp Rani Medical Hospital Allahabad after his initial treatment at Primary Health Centre Kuswapur, District Pratapgarh from 15-3-82 to 19-3-82, It is averred in the petition that the petitioner was discharged from Swarup Rani Medical College Allahabad on 31-3-82 after he had recouped and consequently, he could report at P. T. C. Moradabad and joined the Parade on 3-4-82 at 5 A.M.

(3.) BEFORE appraising the legal questions involved in the case it would be useful to examine the nature and scope of paragraph 23 of the P.T.C. Manual referred to in the impugned order. The relevant portion of para 23 is quoted below for ready reference.