- (1.) Leave granted.
(2.) This appeal is directed against the final judgment and order dated 29.06.2009 passed by the High Court of Judicature at Allahabad in Special Appeal No. 614 of 2009 whereby the Division Bench of the High Court dismissed the special appeal preferred by the appellants herein.
(3.) Brief facts: (a) The respondent was appointed as Police Constable at Police Lines, Aligarh vide order dated 01.02.1978. On 19.10.2001, the respondent had gone for some official work and left the Police Station, Sikandarpur Vaishya and thereafter came back on his duty on 28.01.2002 after 101 days. After initiation of departmental proceedings, the Disciplinary Authority issued notices to the respondent on various dates for seeking explanation for his unauthorized absence from duty. On 23.03.2002, the Deputy Superintendent of Police (in short "the DSP") issued charge sheet against the respondent by leveling charges and directed him to submit the reply by 01.04.2002. As the respondent did not reply to the notice, the DSP issued another notice to the respondent on 04.04.2002. After giving several opportunities to the respondent, the Disciplinary Authority fixed the date as 01.07.2002 for recording of evidence but the respondent did not appear before the Presiding Officer. Finally, the respondent appeared before the Presiding Officer on 16.09.2002 and informed that he has no defence witness. After completion of the enquiry, the Presiding Officer, vide his order dated 09.10.2002, submitted his report to the Disciplinary Authority. Agreeing with the enquiry report, the Disciplinary Authority issued show cause notice dated 25.10.2002 to the respondent along with the copy of the enquiry report for his comments/reply on the findings recorded therein. On 06.11.2002, the respondent submitted his reply stating that he had accepted the findings on the charge of unauthorized absence from duty on the ground of illness. (b) The Sr. Superintendent of Police (in short "the SSP"), Etah, vide order dated 23.11.2002, terminated the service of the respondent. Feeling aggrieved by the said order, the respondent preferred Departmental Appeal before the Deputy Inspector General of Police (in short "the DIG"), Agra Zone, Agra. Vide order dated 27.02.2003, the DIG rejected the appeal filed by the respondent herein. (c) Aggrieved by the said order, the respondent preferred writ petition being C.M.W.P. No. 53909 of 2003 before the High Court which was allowed by the learned single Judge vide his order dated 17.09.2008. Against the said order, the appellants herein preferred special appeal being S.A. No. 614 of 2009 before the High Court. The Division Bench of the High Court, vide its order 29.06.2009, dismissed the special appeal on the ground of maintainability. Aggrieved by the said order, the appellants have preferred this appeal by way of special leave before this Court.;