SATENDRA KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition is directed against the order dated 15.05.2000, whereby the petitioner was dismissed from service and also the order dated 10.01.2002, whereby the appeal against the order of dismissal has also been dismissed.

(2.) The petitioner, who was working on the post of Sub Inspector, Civil Police at the relevant time, was posted at Mathura. By order of the DIG Kanpur Zone, dated 29.04.1999 the petitioner was transferred from Mathura to Etawah. According to the petitioner, he was relieved on 11.05.1999, whereas according to the department he was relieved on 05.05.1999. Whatever the case may be, the petitioner was to join within one week from the date he was relieved. After being relieved from Mathura the petitioner did not join at Etawah and remained absent without any intimation or notice to the department. The respondents, after giving warning and notice to the petitioner suspended him vide order dated 23.02.2000. Thereafter, charge sheet was issued to the petitioner on 26.02.2000, which was sent at his residence in district Bulandshahr, but he was not available and, therefore, the notice was affixed at his house in district Bulandshahr. Thereafter, again on 06.03.2000, another copy of the charge sheet was sent at his residence in village Nevada, Post Office Chandel, Police Station Kotwali Dehat, District Bulandshahr. When the petitioner was not found at his residence, again the notice was affixed at the main entrance of the house in presence of local witnesses. The Enquiry Officer initiated proceedings and fixed 22nd March 2000 for evidence for which again intimation was sent on 16.03.2000 at Bulandshahr address. Notice was again affixed at: the main entrance on 17.03.2000. The petitioner still did not turn up. The next date fixed for recording evidence was 28.03.2000, for which again notice was sent first at Bulandshahr address when his brother Prem Dutt Sharma informed the special messenger that the petitioner was residing at house No. 100, Suhag Nagar, Awas Vikas Colony, Firozabad and, therefore, it was transmitted there. When the special messenger reached at Firozabad address the petitioner was not available. However, the petitioner's daughter Km. Swati Sharma was served with the notice on 26.03.2000. Again on 28.03.2000 the petitioner did not appear, therefore, the Enquiry Officer proceeded with recording of the evidence of the prosecution witnesses namely, Constable Sushil Kumar, ASI Ram Vishal Singh, and Circle Officer police lines, Etawah Sri Aditya Prakash Sharma.

(3.) Witness constable Sushil Kumar stated in his statement that he had taken notice for service and prove the service of notice. ASI Ram Vishal Singh deposed that the petitioner had been relieved on 05.05.1999 and also confirmed the statement given by him in the preliminary enquiry. Sri Aditya Prakash Sharma, Circle Officer Etawah, deposed that after being relieved on 05.05.1999, the petitioner could have reported latest by 13.05.1999, but he did not report at Etawah, thereafter, he was assigned the preliminary enquiry and he submitted his report on 29.01.2000.