DEVENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner in this writ petition is challenging the order dated 11.11.2009 and the order dated 06.02.2010 passed in disciplinary proceedings initiated against the petitioner. Briefly stated the facts of the case are that the petitioner was working as Constable in the Civil Police in Police Line, Moradabad in the year 2006. He was on guard duty at the residence of the respondent no.3, Police Mahanirikshak, Moradabad Region, Moradabad. On 08.04.2009 at about 9.45 pm an inspection was conducted by the Sub -Inspector, Armed Police, Sri Athar Abbas Zaidi. On inspection, it was found that the petitioner was absent from duty. This absence from duty was treated to be unauthorised, as the petitioner had not sought leave or permission for remaining absent. In the preliminary enquiry, it was established that the petitioner had remained absent from duty from 08.04.2009 to 21.07.2009 for a total period of 104 days without permission or without any leave application. Therefore a chargesheet was issued under Rule 14 (1) of the U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules 1991. The petitioner participated in the enquiry and stated that he had suddenly taken ill and that he had sought oral permission from one Sri Nand Ram, Head Constable. In the enquiry the petitioner was found guilty and thereafter by the impugned order dated 11.11.2009 his services were terminated.

(2.) THE petitioner preferred a departmental appeal, which was also dismissed by the order dated 06.02.2010.

(3.) I have heard Sri Sumit Goyal, learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is submitted by the learned counsel for the petitioner that the petitioner was suddenly taken ill and after taking oral permission from the Sri Nand Ram, Head Constable he had gone home and that when he came to know that there was a surprise inspection in which he was found absent, he ran to the Police Line, Moradabad and met Sri Athar Abbas Zaidi and requested him to permit him to join duty but Sri Zaidi told him that he would be allowed to join duty only with the permission of the Up - Mahanirikshak.