AJAI SHANKER PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri L. K. Dwivedi, learned Counsel for the petitioner, and Sri N. P. Shukla, learned Counsel for Union of India and other respondents. Since, in this case counter-affidavit and rejoinder-affidavit have already been exchanged and pleadings are complete, therefore, with the consent of learned Counsels for the parties this writ petition is decided finally at this stage in view of the Second proviso to Rule-2 of Chapter-XXIl of the Allahabad High Court Rules, 1952.

(2.) IN this petition prayer has been made to quash the order dated 17-10-1997 (Annexure-9 to the writ petition) rejecting the representation of the petitioner and order dated 26-8-1997 (Annexure-8 to the writ petition) rejecting appeal of the petitioner and also the order dated 7-7-1997 (Annexure-7 to the writ petition) passed by the respondent No. 3, whereby the petitioner was removed from service.

(3.) ON the other hand learned Counsel for the respondents has indicated that the petitioner being a member of the disciplined force cannot be allowed to be absent without prior permission of the Commandant, more so, without any documentary proof or evidence his stand cannot be relied upon. According to Sri N. P. Shukla, learned Counsel for the respondents, the punishment awarded in reference to Section 11 (1) of the 'act' could be given in addition to the dismissal of the petitioner and in the facts and circumstances when there is no procedural latches in the inquiry, the punishment awarded against the petitioner is justified.