SONU KUMAR YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) By way of this Review Application, applicant, Sonu Kumar Yadav, has sought review of the judgment and order dtd. 2/7/2019 passed by this Court (Coram: Justice Govind Mathur and Justice Vivek Verma) in Special Appeal No.755 of 2019 (Sonu Kumar Yadav Vs. State of U.P. and others).

(2.) Factual matrix of the case is that Sri Rajendra Prasad Yadav father of the appellant-petitioner while holding the post of Constable in Provincial Armed Constabulary (PAC) 37th Battalion, Kanpur availed five days emergency leave. He did not return to the duties after completion of leave period. Looking to the continuous unauthorized absence, a notice was issued to Sri Rajendra Prasad Yadav for initiating disciplinary action against him and he was placed under suspension under an order dtd. 30/8/2005. Disciplinary proceedings too were initiated and by the order dtd. 15/5/2006 he was dismissed from service.

(3.) A missing report was filed by the present appellant-petitioner at Police Station Kotwali Bansdeeh. A civil suit then was filed to have a declaratory decree relating to death of Sri Rajendra Prasad Yadav being not seen from a period of more than seven years. On having such declaration, the appellant-petitioner submitted an application to the authority competent to have appointment on compassionate grounds. The application so submitted came to be rejected, hence, a petition for writ was filed which was dismissed. Against the dismissal 2of writ petition, special appeal was filed which was also came to be dismissed vide order dtd. 2/7/2019 which is under review before us.