SHIV KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri I.N. Singh, learned counsel for the petitioner and Sri G.M. Tripathi, learned Standing Counsel for the respondents.

(2.) By this petition, the petitioner has challenged the order dated 19.9.1996 passed by respondent no.4, order dated 26.10.2005 passed by respondent no.2 and the order dated 11.4.2005 passed by respondent no.3.

(3.) The brief facts leading to the case are that while working on the post of Constable, Civil Police at Police Station Chakeri, Kanpur the petitioner was granted three days leave w.e.f. 04.05.1989, wherein he was to resume his duty by 07.05.1989, but on account of certain unavoidable reason, he could not report to his duty on 07.05.1989 and he sent information to the authorities vide registered letters dated 06.05.1989, 06.05.1991 and 07.05.1993. A true copy of registered letters dated 06.05.1989, 06.05.1991 and 07.05.1993 are on record as Annexure No.2 to the writ petition. Meantime the petitioner was transferred from District Kanpur Nagar to Police Line, Fatehgarh. The petitioner was ill and suffering from serious disease hence he could not join his duty after expiry of a period of 3 days leave. In this regard a photostat copy of medical certificate dated 15.11.1994 is on record as Annexure no.3 to the writ petition. After recovering from illness, the petitioner reported to his duty in District Kanpur Nagar but he was told that he had already been transferred from District Kanpur Nagar to Fatehgarh. As soon as the petitioner came to know about this fact, he joined his duty on 11.05.1994 at Police Line Fatehgarh and has worked as such at Police Line, Fatehgarh upto 19.09.1996 and he has been paid his salary for the said period from month to month as and when fell due to him. The respondent no.3 even without giving any charge sheet and show cause notice and without holding any disciplinary enquiry in the matter dismissed the petitioner from service vide order dated 19.09.1996, copy of which was also not given to the petitioner. In spite of the best efforts of the petitioner, the respondents have never given copy of dismissal order dated 19.09.1996. However, the Clerk of the office of Superintendent of Police Fatehgarh has given an undated letter to the petitioner in the month of February, 2005 wherein it was mentioned that he has been dismissed from service on account of unauthorized absence from duty from 02.07.1991 to 11.05.1994. A true copy of undated letter is on record as Annexure no.4 to the writ petition. It is stated that when the petitioner came to know about aforesaid fact, he immediately filed an appeal before the respondent no.3 on 21.03.2005 well within 90 days as provided under the provisions of U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules, 1991. The appellate authority even without considering the grounds raised by the petitioner in the appeal has dismissed the same as barred by time vide order dated 11.04.2005. A true copy of the order dated 11.04.2005 passed by respondent no.2 is on record as Annexure no.6 to the writ petition.