PRATHVI RAJ SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and the standing counsel for the respondents and have perused the record. As pleadings have been exchanged, with the consent of the counsel for the parties, the petition is being finally disposed of at the admission stage.

(2.) By this writ petition, the petitioner, who was a Constable in the Provincial Armed Constabulary, has challenged the dismissal order dated 21.07.2000, as also the appellate order of affirmance dated 28.02.2001, passed by the Commandant, 20th Battalion, P.A.C., Azamgarh and the Deputy Inspector General, P.A.C., Varanasi Range, Varanasi respectively.

(3.) The facts, in brief, are that while the petitioner was posted as a Constable at 20th Battalion, P.A.C., Azamgarh in the year 2000, he was served with a charge-sheet dated 16.3.2000 wherein it was alleged that while the petitioner was posted as constable at 20th battalion PAC, Azamgarh, in the night of 8.1.2000, he was assigned guard-duty along with chief guard Bir Bahadur Singh for the first night shift starting from 20.00 hrs to 24.00 hrs. During the course of duty, it was alleged, at about 20.30 hrs, the petitioner refused to perform his duty despite request of the guard commander, and left the place of duty, after leaving the SLR rifle and 50 rounds of bullets, without the permission of the competent authority, and thereafter remained unauthorisedly absent for 11 days, 14 hours and 10 minutes up to 19.1.2000. As a result, the petitioner was charged for violation of the orders, and for gross dereliction of duties. For ready reference, the charge levelled against the petitioner as quoted in the enquiry report, which has been enclosed with the writ petition as Annexure No.1, is being reproduced below:-