STATE OF U.P. Vs. KRISHNA GOPAL

JUDGEMENT

(1.) This writ petition has been filed by the State authorities, questioning the judgment and order dtd. 9/3/2021 passed by the State Public Services Tribunal, Lucknow (hereinafter referred to as 'Tribunal'), whereby Claim Petition No. 701 of 2018 preferred by the claimant/respondent no.1 was allowed by quashing the order of dismissal dtd. 21/9/2001 as well as appellate order dtd. 21/3/2018 and further the learned Tribunal directed the petitioners/State authorities to grant the following relief to the respondent No.1:-

(2.) The records of the present writ reveal that the respondent no.1-Krishna Gopal, while posted as Lansk Nayak (Constable No. 53557) in 'B' Company, 45th Battalion, P.A.C., Aligarh, unauthorizedly absented himself from 12/9/2000 at 20 hours to 19/9/2000 at 11:30 hours. As he was absent from duties for 7 days 11 hours and 30 minutes without permission. Further on 19/11/2000, he was granted leave for two days, however, even after expiry of leave of two days, he did not report back for duties. Thus, a preliminary inquiry was instituted against him, wherein the Assistant Commandant-II, 45th Battalion P.A.C., Aligarh, after conducting the preliminary enquiry, recommended for initiating regular disciplinary proceedings under Rule 14 (1) of the Uttar Pradesh Police Officers of Sub-ordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as 'Rules, 1991') against the respondent no.1 vide report dtd. 1/4/2001. Thereafter, final disciplinary proceedings against the respondent no.1 was instituted and the Deputy Commandant, 45th Battalion, P.A.C., Aligarh was assigned the duty to conduct the disciplinary proceedings in the matter against the respondent no.1.

(3.) Resultantly, a charge-sheet dtd. 5/7/2001 was issued to the respondent No.1, levelling charges of his unauthorized absence from duty during the period from (i) 12/9/2000 to 19/9/2000 and (ii) with effect from 22/11/2019 to onward.