BASHISHTHA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Additional Chief Standing Counsel.

(2.) The petitioner has challenged the punishment order dated 30.09.1990 passed by the Commandant, 33 Battalion P.A.C. Jhahsi whereby he was dismissed from service.

(3.) The charge-sheet dated 06.03.1990 was issued to the petitioner containing the charges that in January 1990, while he was posted as Head Constable in 'C' Company of 28 Battalion P.A.C. Etawah, he was deputed for duties alongwith the detachment post at Patiali, District Etawah from where he left on 13.11.1989 at 0815 hours for distribution of letters, but he did not distribute the messages at the Battalion Headquarters of the 28 Battalion instead he unnecessarily remained at the Battalion Head Quarters on 14.11.1989 at 1430 hours. He reported at the detachment post Patiali on 16.11.1989 at 1140 hours. Thus he did not perform any duty from 13.11.1989 at 0815 hours to 16.11.1989 at 1100 hours. He was placed in the orderly room before the Commandant 28 Battalion P.A.C. Etawah on 12.01.1990 and he was awarded 14 days punishment drill on the aforesaid allegations, but he did not undergo the said punishment and as such he violated the provisions of Section 23 of the Police Act.