KALEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The appellant has filed the instant Special Appeal assailing the judgment and order dated 28.1.2010 whereby the learned Single Judge dismissed the writ petition no. 5266 (SS) of 1999, filed by him against the order dated 15.7.1999 by which he was dismissed from the post of Assistant Sub-Inspector (Ministerial), Faizabad.

(3.) In short, the facts of the case are that the appellant was transferred from Civil Police, Faizabad to XXX Battalion PAC Gonda by order dated 12.7.1996, but the transfer order was kept in abeyance for six months by the Police Headquarters from 31.7.1997 to 31.12.1997. On 19.2.1998, the appellant was relieved by the Senior Superintendent of Police, Faizabad to join in PAC, Gonda but he remained absent without sanctioned leave. According to the appellant, on account of sudden ailment at the relevant time, he was admitted in hospital and could not join at the transferred place. Further, he submitted an application for grant of medical leave, but it was not sanctioned. In the meantime, he was placed under suspension. Later on, disciplinary proceedings were initiated against the appellant ex parte which ultimately culminated in passing of the impugned dismissal order dated 15.7.1999. The writ petition filed by the appellant was dismissed vide judgment and order dated 28.1.2010 by observing that absence of three months without sanctioned leave does not call for any leniency. It was also observed that the appellant was absent from duty for a period of three months without sanctioned leave, and as such it is not a fit case where the Court should interfere on the quantum of punishment.