(1.) DEVI Prasad Singh and V. D. Chaturvedi, JJ. Heard Smt. Aruna Mishra, learned standing counsel on behalf of the petitioners and Sri Shailendra Singh Chauhan learned counsel appearing on behalf of opposite party No. 1. Present writ petition under Article 226 of the Constitution of India has been preferred against the judgment and order dated 27. 2. 1993 (Annexure -1) passed by the U. P. Public Services Tribunal.
(2.) THE opposite party No. 1, who is the member of Provincial Armed Constabulary (in short P. A. C.), had joined the force at Jhansi in the year 1984. THE controversy in question relates allegation to the fact that the opposite party No. 1 while he was posted in Etawah, on account of misconduct, a notice dated 18th August, 1989 was served upon him, in response to which he submitted a reply. After receipt of reply, by an order dated 18th August, 1989 the private respondent was punished for ten days' Physical Drill (P. D. ). Learned standing counsel submits that respondent No. 1 has refused to oblige the department to accept the punishment and proceeded on leave on 2nd September, 1989. THEreafter, his services have been terminated by an order dated 6th October, 1989.
(3.) WE have considered the arguments advanced by learned counsel for the parties at length and perused the record. There appears to be no dispute that immediately after the order of punishment for ten days physical drill was passed, the services of private respondent was terminated. It is also alleged that after award of punishment, the opposite party No. 1 had gone on leave and tried to disobey the order of punishment dated 18. 8. 1989 and not undergone the sentence of physical drill.