MUSTAQ AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mahendra Singh assisted by Sri Ajay Sengar learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) The petitioner was working as a Follower in the civil police, the petitioner was issued a chargesheet under the provisions of Uttar Pradesh Government Servant (Discipline and Appeal) Rules 1999 (1999 Rules), alleging therein that the petitioner had absented without permission for period of 11 days between 12.03.2009 and 10.04.2009. The petitioner in reply to the chargesheet submitted that the petitioner was not well, was taking treatment and on recovering from illness, the petitioner reported for duty. The Enquiry Officer in enquiry report dated 30.12.2009 proposed the penalty of dismissal for unauthorised absence and forfeiture of pay for the days absent from duty on the principle of no work no pay. The disciplinary authority issued a show cause notice on 25.01.2010 along with copy of the enquiry report to which the petitioner replied on 09.02.2010. The disciplinary authority on considering the reply and other material available on record, did not accept the explanation, which was based on the medical certificate, submitted by the petitioner, consequently, accepted the proposal of the enquiry officer that the petitioner had absented without prior permission and leave, did not submit any medical certificate and the details of the medical prescription of his treatment during his illness, the alleged medical certificates that were submitted, were not acceptable, further the petitioner being a habitual absentee, accordingly was awarded the punishment of dismissal from service vide order dated 26.02.2010.

(3.) Aggrieved by the order of the Superintendent of Police, Jalaun dated 26.02.2010, the petitioner preferred an appeal before the Deputy Inspector General of Police, Jhansi Division, Jhansi. The appellate authority confirmed the order of the disciplinary authority vide order dated 25.03.2010. Aggrieved by the order of the appellate authority the petitioner preferred a revision before the Additional Director General of Police, Lucknow who affirmed the orders passed by the disciplinary authority and the appellate authority vide order dated 31.07.2010.