RAM GOPAL LODHI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, Shri Shiv Pravesh Dhar Dubey as well as Sanjeev Singh, learned CSC for the State.

(2.) By this petition, the petitioner has prayed for the following relief:-

(3.) Brief facts of the case are that the petitioner was appointed in the year 1987 under the opposite party No.2. On 16/3/1988, the petitioner was posted as Tractor Driver at Ruramallu. The petitioner became absent without any intimation to the authorities since November, 1991 hence an explanation was called from him as the petitioner neither reported duty nor any explanation was submitted by him with regard to registered letter dtd. 31/8/1992 by which the petitioner was intimated that if he does not come to his duty within a week, the action will be taken against him under the provisions of U.P. Government Servant's Conduct Rules, 1956. In spite of that letter, he has not reported on duty. The letter was ultimately served to the petitioner on 1/7/1993 to which the petitioner replied that he is ill since November, 1991 and still has not recovered. He submitted his joining report on 15/3/1996. The matter of the petitioner was referred to the opposite party No.2 for further course of action who sought direction from the Additional Director of Agriculture (Administration) U.P. Lucknow. In the meantime, the petitioner filed Writ Petition No.4154 (S/S) of 1998 for acceptance of his joining. The writ petition was disposed of vide judgment and order dtd. 23/7/2008 with a direction to the opposite party No.3 to take a decision in the matter. In compliance of the order dtd. 23/7/2008 passed by this Court, the petitioner's case was considered by the Additional Director of Agriculture (Administration) U.P. Lucknow who vide order dtd. 21/1/2009 directed the Joint Director of Agriculture Jhansi Mandal Jhansi (Appointing Authority) to decide the matter of the petitioner on merits after making enquiry and affording the opportunity of hearing. Pursuant to the order dtd. 21/1/2009 passed by the Additional Director of Agriculture, the Enquiry Officer was appointed, charge-sheet was issued to the petitioner on 17/2/2009 containing charge that he was absent from duty since November, 1991 to 14/3/1996 and also he was in jail in Case Crime No.130A/91 under Ss. 147, 148, 149, 307 and 504 I.P.C. Reply to the charge-sheet was submitted by the petitioner and after that Enquiry Officer submitted his report after conducting the enquiry and recommended for punishment and disciplinary authority ultimately has passed the order of punishment.