SHOBH NATH GAUTAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel and also perused the record.

(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 7.2.1986 dismissing the petitioner from the post of Sub-Inspector of Police.

(3.) Facts of the case, in brief, are that the petitioner absented from duly from 11.2.83 to 31.7.83 without taking leave in accordance with rules. Consequently. disciplinary proceedings were initiated against him. Charge-sheet dated 22.8.83 was issued. According to the statement of fact made in the inquiry report charge-sheet was served upon the uncle of the petitioner. Thereafter. inquiry Officer conducted proceedings behind the bach of the petitioner and submitted his report on 27.12.85. After inquiry, inquiry officer found the charges levelled against the petitioner to have been proved. Therefore, on the basis of the said inquiry report, a show cause notice dated 14.1.86 was issued with the copy of report to the petitioner calling upon him to show cause as to why he be not dismissed from service. On receipt of show cause notice and the report, the petitioner filed his reply on 25.1.86 contending that on receipt of telegram from his wife, he has to leave for his home after making necessary entry in G. D. at the police station. Firstly, he remained busy in the treatment of his wife, thereafter he himself fell ill, consequently, he could not attend to his duties and that he used to apply for grant of leave. It was also stated that entire disciplinary proceedings were conducted behind his back and contrary to the provisions of Regulation 490 of the Police Regulations.