Devi Prasad Singh, J. - (1.) HEARD Mr. Manik Sinha, learned Counsel for the petitioner and Mr. V.S. Tripathi, learned Standing Counsel.
(2.) PRESENT writ petition under Article of the Constitution of India has been filed against the impugned order dated 15.7.1999 whereby the petitioner, who was working as Assistant Sub Inspector (Ministerial), Faizabad, has been dismissed from service after departmental enquiry. While assailing the order of dismissal, it has been stated by the learned Counsel for the petitioner that no date, time and place was fixed by the disciplinary authority, hence the punishment awarded in pursuance to the enquiry report is not sustainable under law.
(3.) THE petitioner was initially appointed as Constable (Ministerial) in Civil Police by order dated 15.5.1978. His services were confirmed on 1.1.1990. He was transferred from Civil Police, Faizabad to 30th Btn. P.A.C., Gonda by order dated 5.5.1993. However, the order of transfer was stayed by this Court in writ petition No. 5336(S/S) of 1993 by order dated 19.7.1993. Again on 12.7.1996, the petitioner was transferred from Civil Police, Faizabad to 30th Battalion, P.A.C., Gonda but the transfer order was kept in abeyance for six months by the Police Headquarters from 31.7.1997 to 31.12.1997. On 19.2.1998, the petitioner was relieved by the Senior Superintendent of Police, Faizabad to join in P.A.C. At 30th Battalion, Gonda. However, the petitioner failed to join at 30th Battalion, PAC, Gonda and remained absent without sanctioned leave for a period of 10 months, i.e. upto 27th May, 1998. It has been stated by the petitioner's counsel that the petitioner was under medical treatment of medical practitioner Dr. Afroz Khan for three months. He further submits that the petitioner had submitted an application for grant of medical leave but it was not sanctioned. In the meantime, he was placed under suspension.;