HUKUMDAR TIWARI Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Shri M.S. Pipersenia has raised a preliminary objection that special appeal is not maintainable under Chapter VIII Rule 5 of the Allahabad Court Rules, 1952, as the learned Single Judge has dismissed the writ petition arising out of an order passed by the revisional authority under U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (Rules of 1991). The revisional authority had upheld the order of the appellate authority refusing to interfere with the order of termination of the service of the petitioner as police constable on the ground that he had overstayed the sanctioned leave by 220 days without any good or sufficient ground.

(2.) Shri M.S. Pipersenia has relied upon the judgment of this Court in Shyam Bihari v. State of U.P. and others, 2005(4) ESC 2799 (AII)(DB) in which following Vajara Yojna Seed Farm, Kalyanpur (M/s) and others v. Presiding Officer, Labour Court, U.P. Kanpur and another, (2003) 1 UPLBEC 496 the Division Bench held as follows:

(3.) A Full Bench of this Court in Sheet Gupta v. State of U.P. and others, 2010(1) ADJ 1 (FB) considered a reference to resolve a conflict between Ram Dhyan Singh v. State of U.P. and others, 2004 (3) AWC 2559 and the view expressed in Vajara Yojna Seed Farm, Kalyanpur (M/s) and others v. Presiding Officer, Labour Court II, U.P. Kanpur and another, (2003) 1 UPLBEC 496 and held as follows: