ABDUL ALEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner is before this Court for with a request for quashing the impugned dismissal order dated 6.3.2014 as well as appellate order dated 27.10.2014 and revisional order dated 8.10.2015 passed by respondent nos. 4, 3 and 2 respectively.

(2.) As per record, this much is reflected that the petitioner was serving as Constable in Civil Police. In the year 2013, when the petitioner was posted at Railway Station Naugarh on 30.5.2013 at 8 A.M. to 8 P.M., he was absent without taking any permission and remained absent unauthorisedly for nine days without any information and after nine days unauthorized absent, he returned back on 7.6.2013. By the impugned order dated 6.3.2014 passed by respondent no. 4, the petitioner was awarded punishment of major penalty of dismissal from services under Rule 4 (1) (a) (i) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 on the ground of unauthorised absent of 9 days. Against the aforesaid order, he filed an appeal before respondent no. 3 and the said appeal was dismissed on 27.10.2014. Thereafter, the petitioner preferred a revision before respondent no. 2 and the said revision was also dismissed on 8.10.2015.

(3.) Learned counsel for the petitioner submits that while passing the impugned order, the opportunity of hearing was not given to the petitioner though a show cause notice was issued to the petitioner on 2.1.2014 but the same was not received by the petitioner. Even, he was not provided the statements of the witnesses for cross-examination. The allegation made against the applicant is wholly incorrect, false and misconceived and as such, the order impugned cannot sustain and the same is liable to be quashed by this Court.