RAMESH CHANDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ajai Krishna Yadav, learned counsel for the petitioner, Sri Dev Prakash Mishra, learned Additional Chief Standing Counsel representing the State respondents.

(2.) By means of present writ proceedings, the petitioner has set up challenge to the impugned order dtd. 14/4/2000 passed by 4th respondent removing the petitioner from service contained as Annexure- 1 to this writ petition and impugned order of the same date forfeiting the salary of 160 days for unauthorized absence, from 14/5/1999 to 20/10/1999. The petitioner has further assailed the validity and correctness of order dtd. 29/9/2000 passed under appeal by 3rd respondent and the revisional order dtd. 22/5/2004 passed by 2nd respondent contained as Annexure-3 and 4 respectively to the writ petition.

(3.) Brief facts of present writ petition are that, the petitioner, who happened to be constable in disciplined force i.e. Provincial Arms Constabulary (PAC) was posted in 25th Battalion, Police Head Quarter, Raebareli proceeded for casual leave of 2 days on 12/5/1999 and as such he had to report the duties on 15/5/1999, but instead of reporting his duties on 15/5/1999 he became absent till 20/10/1999 i.e. almost 160 days and in this background a preliminary inquiry was directed and conducted, thereafter, regular inquiry was instituted by means of chargesheet dtd. 5/1/2000, primarily with the charge of unauthorized absenteeism. The relevant part of the chargesheet is extracted as under:- <IMG>JUDGEMENT_50_LAWS(ALL)1_2026_1.jpg</IMG>