S.N.H. Zaidi, J. - (1.) THE instant writ petition has been filed for quashing the judgment and order dated 28.1.2010 passed by the State Public Services Tribunal, Lucknow, in Claim Petition No. 992 of 2005 rejecting the reference against the order dated 3.3.2005, whereby the Petitioner was removed from service and order dated 26.6.2005 dismissing the appeal against the removal order and for commanding the opposite parties to reinstate the Petitioner in service with all service benefits.
(2.) IT appears that the Petitioner was appointed on 28.11.1997 as an Orderly Peon (Class IV post) in the office of Additional Director General of Police, U.P. Police Inter -State Border Force, Lakhimpur Kheri Region. In 2002 he was transferred from Lakhimpur Kheri to the Headquarter of the Force at Lucknow, where he joined. By order dated 5.11.2004 the Petitioner was transferred from Lucknow to Saharanpur Regional Office and was relieved on the same day. The Petitioner challenged his transfer order before this Court in Writ Petition No. 6746 (S/S) of 2004, which was finally disposed of by order dated 10.11.2004 directing the Petitioner to make a fresh representation within three weeks to the Additional Director General of the Force, who was directed to decide the same within the given time.
(3.) AS the Petitioner did not join at the transferred place and remained absent, he was placed under suspension on 20.11.2004. The Petitioner in pursuance of the directions of this Court, on 24.11.2004, made fresh representation which was rejected on 30.11.2004. Thereafter, the Petitioner immediately joined at Saharanpur on 1.12.2004 and, by order dated 19.12.2004, was attached with the Sector Office of the Force at Muzaffar Nagar.;