VIRENDRA NATH OJHA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner was duly selected as a Constable in the Provincial Armed Constabulary (in short 'P.A.C.') along with 179 other candidates. After appointment, he joined duty as a Constable in August, 1994. On receiving information of his wife's illness, he left for his home on 30th December, 1998 after applying for leave, but without waiting for the same to be sanctioned. Thereafter when he returned back after 11 days i.e. on 10 -1 -1999, he was informed that by an order dated 8 -1 -1999 passed by Commandant, 36 Vahini, P.A.C. Ram Nagar, Varanasi, Respondent No. 3 he had been dismissed from service. Aggrieved by the said order the petitioner filed an appeal before the Deputy Inspector General of Police, P.A.C, Varanasi Region, Varanasi. Without entering into the merits of the case, the appeal was dismissed on 30 -3 -1999 on the ground of maintainability, holding that the appeal would not lie under Rule 20(1)(a) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991. Aggrieved by the same, the petitioner has filed this writ petition praying for quashing the said orders dated 8 -1 -1999 and 30 -3 -1999 passed by Respondent Nos. 3 and 2 respectively.

(2.) I have heard Sri Ashok Khare, learned Senior counsel appearing for the petitioner and Sri R. K. Awasthi, learned Standing Counsel appearing for the respondents and have perused the record.

(3.) IN support of his submission the learned counsel for the petitioner has placed reliance on two decisions of the Apex Court rendered in the cases of Chandra Prakash Shahi v. State of U.P. and others, 2000(2) LBESR 308 (SC) : 2000 All. L.J. 1445 and Chandra Prakash Tiwari and others v. Shakuntala Shukla and others, (2002) 6 SCC 127.