LAXMAN SINGH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this petition, the petitioner has challenged the orders dated 5.10.2005, 28.06.2005 and 06.12.2002 passed by respondents no. 2, 3 and 4 contained in Annexures No. 1,2 and 3 respectively to the writ petition. He has sought further relief of mandamus directing the respondents to permit the petitioner to join the post in question and pay salary and other emoluments to the petitioner as permissible under law.

(3.) It is stated that the petitioner was recruited as Constable in P.A.C. in the year 1987 and while posted as such in 28th Battalion P.A.C. District Etawah he was charge sheeted on 25.1.1993 on the charge of unauthorise absence from duty for a period of 42 days and few other incidental charges. After holding a disciplinary enquiry against him, he was dismissed from service on 15.9.1993. Against the order of dismissal the petitioner preferred appeal before Dy. Inspector General of Police, Kanpur Sector, P.A.C. which was dismissed on 2.4.1994. Feeling aggrieved against the aforesaid orders the petitioner filed claim petition no. 2220 of 1994 before State Public Service Tribunal, Lucknow. His claim petition was allowed by the Tribunal vide judgement and order dated 18.9.2002 and the order of dismissal of petitioner was quashed. However, the Tribunal had left open to the authorities to proceed against the petitioner in accordance with law by holding fresh disciplinary enquiry against him.