STATE OF U P Vs. ATVIR SINGH

JUDGEMENT

(1.) We have heard Sri Prafulla Yadav, learned standing counsel on behalf of the petitioner and Sri I. B. Singh, learned Senior Counsel on behalf of the claimant respondent.

(2.) This writ petition under Article 226 of the Constitution of India, has been preferred by the State against the impugned judgment and order dated 24.11.2006, passed by the U.P. State Public Services Tribunal Lucknow, reviewing its earlier judgment whereby, the claim petition preferred by the claimant respondent, was dismissed.

(3.) The claimant respondent was appointed as Police Constable in July, 1979. It is alleged that his work and conduct was satisfactory and no adverse entry was communicated to him during the service period. In 1986, the claimant respondent proceeded on 10 days sanctioned leave with effect from 28.12.1986. While reaching home, he found his wife ill and it is alleged that he remain busy in her treatment. According to pleading on record, the petitioner himself fell seriously ill on 26.2.1987 and remained under treatment till 15.12.1987. He approached the office to resume duty on 20.12.1987 along with fitness certificate dated 16.12.1987. He performed duty upto 26.1.1988. Thereafter the claimant respondent proceeded on 5 days sanctioned casual leave from 17.1.1988 but again he fell ill due to which departmental proceeding was initiated against him in absentia in view of the provision of U.P. Police Regulations.