RAJ NET CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) A. K. Yog, J. The petitioner, who was working as 'constable' in U. P. Police Department, challenges the orders dated 13-7-1994, 24-11-1994 and 26-8-1997 (Annexures 4, 5, & 8 to the writ petition) under Article 226 of the Constitution of India and prays for issuance of writ in the nature of certiorari to quash the same. He also seeks, through this petition, a direction in the nature of mandamus commanding the respondents to reinstate, him in service on his original post of constable in the Department.

(2.) THE facts narrated in the present petition are that while working as a constable at Police Station Holagarh, District Allahabad on 1-6-1992 when the petitioner applied for two days casual leave with effect from 3-6-1992 the same was granted. But inspite of the fact that he was posted on duty of 'santari' at the Police Station on 2-6-1992 he absented without obtaining any leave or permission from the Station Officer concerned. THEreafter, he was arrested by the police of Tarwa Police Station District Azamagarh in a case of murder, which was registered at Crime No. 64 of 1992. He was sent to lockup as a named accused in the aforesaid case and could report to his duty only on 2-7-1992 after his release on bail. THE petitioner was accordingly charged for his unauthorized absence from duty and the enquiry proceeded.

(3.) THIS award of punishment was challenged by the petitioner in appeal, which too was dismissed, vide impugned order dated 24-11-1994 (Annexure 5 to the writ petition ). Subsequent thereto the petitioner preferred claim petition challenging the order of punishing authority as well as the appellate authority before the State Public Service Tribunal where also he could not get any relief and the petition was dismissed, vide impugned judgment dated 26-8-1997 (Annexure 8 to the writ petition ).