Rajiv Sharma, J. - (1.) HEARD Mr. Amit Bose, learned Counsel for the petitioner and Mr. K. D. Shahi, learned Standing Counsel.
(2.) BY means of this writ petition, the petitioner assails the order dated 2.9.2003 passed by the Senior Superintendent of Police, Lucknow, whereby the petitioner has been removed from service and the order dated 9.3.2007 passed by the Appellate Authority/Deputy Inspector General of Police rejecting the appeal. The facts giving rise to the instant writ petition are that a charge -sheet was issued by the Additional Superintendent of Police (City), Lucknow, requiring him to submit reply the charges that on 7.6.1997, when the petitioner was posted as Constable at Police Station Krishna Nagar, Lucknow, on 8.6.1997, he proceeded on 14 days casual leave and on expiry of leave, he should have reported for his duties on 24.6.1997, but he did not report for duties and he remained absent for duties for a period of 3 years 19 days and 10 minutes. The petitioner could not submit reply to the aforesaid charge -sheet because it was never served upon him either personally or through registered post as required by Note (I) of Appendix I of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. The Enquiry Officer, however, without considering whether the charge sheet has been served on the petitioner or not, proceeded with the departmental proceedings behind the petitioner on the ground that the petitioner had not submitted reply to the charge sheet and he had also not appeared before the inquiry despite service of notice. After the departmental proceedings, the Enquiry Officer submitted the enquiry report dated 25.4.2003 and he came to the conclusion that the charges levelled against the petitioner stood proved and as such, a recommendation was made that punishment of removal from service be imposed on the petitioner. On the basis of the aforesaid enquiry report, a show cause notice dated 29.5.2003 was issued by the Senior Superintendent of Police, Lucknow. On account of illness, the petitioner could not submit reply to the show cause notice, as a result of which the impugned order has been passed.
(3.) LEARNED Counsel for the petitioner submits that against the impugned order, he filed a Writ Petition No. 2705 (SS) of 2004 and this Court dismissed the said writ petition on the ground of availability of alternative remedy. In pursuance of the order passed by this Court, an appeal was filed, which was rejected by the order dated 9.3.2007. Further, he contends that neither the charge sheet nor the Enquiry Report has been served upon the petitioner.;