YASHWANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel for respondents.

(2.) By this petition, the petitioner has sought relief of writ of certiorari for quashing the orders dated 28.3.2005, contained in Annexures-10 and 11 of the writ petition, passed by the respondent no.4, orders dated 7.11.2005 and 5.11.2005, contained in Annexures-12 and 13 of the writ petition, passed by the respondent no.3 and orders dated 27.5.2006, contained in Annexure-14 and 15 of the writ petition, passed by the respondent no.2. And further a writ of mandamus is sought for directing the respondents to reinstate the petitioner as constable in G.R.P., Jhansi or any other place.

(3.) Brief facts leading to the case are that while working on the post of constable in Civil Police, Banda the petitioner was transferred to Government Railway Police, Jhansi and was relieved on 22.10.1999 from Police Line, Banda to join Government Railway Police Line, Jhansi by 29.10.1999. It is stated that during the joining period he became seriously ill and attended the doctor at District Hospital, Banda as he had no option but to receive regular treatment and could not make any application for sanction of medical leave. In this way, he was found to be unauthorisedly absent from duty. It is stated that with regard to his illness, he had regularly sent information to the Superintendent of Police, Banda and ultimately, he joined his duties on 1.02.2003 at Government Railway Police Line, Jhansi. On account of his such absence from the duty he was placed under suspension on 20.11.2002 by Superintendent of Police, G.R.P., Allahabad. Thereafter a preliminary inquiry for his absence from duty was held by Deputy Superintendent of Police, Kanpur, who had recommended for regular departmental inquiry, thereafter a charge sheet was served upon him on 26.9.2003 in which there was only one charge regarding his unauthorised absence from duty for a period of 1198 days. A photostat copy of charge sheet is on record as Annexure-2 of the writ petition.