(1.) Heard learned counsel for the parties and perused the record. Brief facts of the case are that the petitioner was appointed as a constable in the Police Department in 1980. He was transferred from G.R.P., Allahabad to District Aligarh vide order dated 10.5.1993 passed by the U.P. Police Head Quarter, Allahabad. The Senior Superintendent of Police Railway, Allahabad relieved him on 29.9.1993 for joining at District Aligarh where he was to join his duties by the forenoon of 7.10.1993 after availing the joining time. It is claimed that when he was going to join his duties he became seriously ill and developed acute pain in his chest, hence was unable to join at Aligarh. Therefore, he went to District Hospital, Agra and was examined by the Heart Specialist/Cardiologist who advised him to take rest. During this period of rest, he also suffered pain in his abdomen and from jaundice, hence he was admitted in District Hospital, Agra on 21.10.1993 under the medical treatment of Dr. P.K. Sharma and remained admitted there till 4.11.1993. Bed rest for a period of one month was also advised to him by the Doctor. As his health-did not improve, he was again admitted in District Hospital, Agra where he remained admitted there till 9.11.1994 under the treatment of Dr. P.K. Sharma as well as Dr. Manoranjan Sharma, Cardiologist, District Hospital, Agra. On discharge from hospital, the petitioner claims to have been further advised two months bed rest and thereafter he consulted the Doctor who again advised him bed rest w.e.f. 9.1.1995 for 2 months and that in the circumstances, he remained in a state of continuous ill health for more than 2-1/2 years since 1993 as such was unable to join his duties.
(2.) It is averred in the writ petition that he had sent a registered letter to the S.S.P., Aligarh informing him of his ailment and physical condition. A show cause notice was issued against the petitioner on 22.10.1994 to which he sent reply. A departmental enquiry was initiated against him regarding his absence from duly by the authority which was concluded in the absence of the petitioner by the Enquiry Officer. After perusal of the record and the enquiry report, respondent No. 2, S.S.P., Aligarh dismissed the petitioner from service vide his order dated 5.6.1995.
(3.) Aggrieved, the petitioner filed an appeal before D.I.G. Agra Range, Agra which according to him remained unactioned compelling him to file Claim Petition No. 1477 of 1998, Narendra Singh v. State of V.P. and others, before the State Public Services Tribunal, Lucknow (hereinafter referred to as the Tribunal"), which was dismissed vide Judgment and order dated 21.11.2003. Relevant extract of the order reads thus: