RAM UJAGAR YADAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.P. Srivastava, learned Counsel for the petitioner and learned standing counsel on behalf of respondents.

(2.) This writ petition has been filed with the prayer to issue a writ, rder or direction in the nature of certiorari quashing the impugned order dated 26.7.1996 (Annexures No. 13 to the writ petition), passed by respondents No. .3 on the ground that the petitioner was negligent and indisciplined in his duty as he failed to join his duty from 9.8.1994 after the expiry of the causal leave period till 16.2.1995 without any permission or action of leave and also quash the impugned order dated 3.9.1997 (Annexure No 15 to the writ petition) passed by respondent No. 2, dismissing the appeal preferred by the petitioner under" Rule 20 (1) a of the Uttar Pradesh Police Officers of the Sub ordinate Ranks (Punishment and Appeal) Rules 1991, against the impugned order dated 26.7.1996.

(3.) The case of the petitioner in brief is that he had completed more than 36 years in police service with excellent service record and was to retire in the month of January, 2003. On 28.7.1994 he was granted casual leave for 10 days and left for home at Gorakhpur. He fell ill with jaundice and remained under treatment and could not join his duty on 9.8.1994, He also informed his concerned superior authority through registered letters sent on 9.8.1994, disclosing his inability to join his duty with effect from 9.8.1994 at Allahabad followed by two more leave applications. On getting well he reported at police station Colonelganj, Allahabad to join his duty on 1.2.1995, but he was asked to submit the medical certificate in question after getting it countersigned by the Chief Medical Officer, Gorakhpur, whom he approached but could not ubtain his counter signatures as the concerned authority had not written any letter to him for necessary action. He again returned back to Allahabad and was finally allowed to join his duty on 16.2.1995.