KIRAN SHANKER SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by one Sri Kiran Shanker Shukla who happened to be Constable in Police Department. He was transferred on 30.6.1997 from District Allahabad to District Gorakhpur on the basis of his own request. He was relieved from Allahabad to join at place of his posting in October,1997 to be more specific on 2.10.1997. However on that date he could not go to join his duty as after reliving he has fallen ill on 4.11.1997. During this period he was hospitalized in Police Hospital Allahabad. However, there was one week time for joining and he went to his home district Deoria but unfortunately fallen ill, and was admitted in Police Hospital, Deoria. After discharge from the Hospital he has been advised by Doctor for bed rest, as he was suffering from jaundice. However, on 23.6.1998 the Medical Officer, Police Hospital Deoria has found him fit and advised for joining duty and thereafter petitioner has joined his duty on 1.7.1998.

(2.) After his joining, petitioner was served with two show cause notices on 26.4.1998. One was with respect to award of an adverse entry in his service record for being negligent in discharging his duties by not joining the place of posting within time. The other show cause notice was for submitting explanation as to why period of absence w.e.f. 12.11.1997 to 1.7.1998 be not treated as leave without pay. In response to the notices two different replies have been given by the petitioner. However, the disciplinary authority has passed two orders on the same day i.e. 5.11.1999. By one order he has awarded adverse entry to the petitioner and by another order his leave was sanctioned without pay w.e.f. 12.11.1997 to 1.7.1998. Aggrieved from these orders the petitioner has filed two appeals and those appeals have also been dismissed on 10.7.2000. Against these orders he has filed revision which were also dismissed. Aggrieved by these orders the petitioner has filed the present writ petition with the following prayers:-

(3.) Learned counsel for the petitioner has invited attention of the Court towards Regulation 382 where it is provided that it is the duty of the hospital to intimate the local Superintendent of Police if the employee has fallen ill and admitted in the hospital. The Regulation 382 of U.P. Police Regulations is reproduced below:-