AWADHES KUMAR PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Umesh Vats, learned counsel assisted by Shri Balwant Singh, learned counsel for the petitioner-appellant and Shri Ratan Deep Mishra, learned Standing Counsel along with Shri Piyush Shukla, learned Standing Counsel for the State respondents

(2.) Present special appeal has been preferred assailing the validity of the impugned judgment and order dtd. 19/10/2023 passed by the learned Single Judge in Writ-A No.40893 of 2010 (Const. No.118 Awadhesh Kumar Pandey v. State of U.P. & Ors.), which, for ready reference, is reproduced in entirety as under:-

(3.) The petitioner-appellant was a Constable in Civil Police, U.P. and at the relevant point of time he was posted at the Police Station Bakhira, Distt. Sant Kabir Nagar. The petitioner was assigned the special duty and was attached with the Circle Officer, Mehdawal. As the Circle Officer, Mehdawal was assigned Special VVIP duty at Kanpur Nagar, he had relieved the petitioner and directed him to join back his duties at the Police Station Bakhira. It is claimed that while returning from the duty of Circle Officer on 21/9/2008, the petitioner had suddenly sufferred from high fever, acute headache and severe body pain and as such he could not report on duty on 21/9/2008. He was compelled to take rest at his rented accommodation at Village Vidhiyani, P.S. Kotwali, Khalilabad.