RAKESH TIWARI,J - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE petitioner challenges the impuged order of termination from service dated 19.10.1996, the order passed in departmental appeal on 11.2.1997 dismissing the appeal as well as the order passed by State Public Services Tribunal, Locknow dated 30.9.1993 in Claim Petition No. 597 of 1997. The aforesaid impugned orders are appended as Annexure Nos. 1, 2 and 3 to the writ petition. Briefs facts of this case are that Constable No. 47408, the petitioner Mahesh Kumar Singh, was posted with the 42nd Battalion of P.A.C. Naini, Allahabad. He applied for leave on 20.3.1996 on the ground that he received information through telegram in the night of 19.3.1996 that his father was seriously ill and was admitted in B.H.U. Hospital. The aforesaid leave application was refused as such he requested for an interview with respondent no. 3, Commandant, XXXXII Battalion, P.A.C, Naini, Allahabad so that he could bring out the facts of his father's illness to his knowledge and consequently get the leave sanctioned.
(3.) THE request of the petitioner for personal interview was turned down and he was not allowed to meet the Commandant of the Battalion. After awaiting four days, he sent an application for leave by registered post, addressed to the Commandant along with a copy of the telegram on 23.3.1996 and left the battalion in anticipation of grant of leave. He joined his duties on 30.3.1996. After reporting for duty the petitioner was directed to appear before the Commandant respondent no. 3 and explain the cause of unauthorised absence. The petitioner appeared before respondent no .3 on 24.5.1996 and explained the reasons which occasioned his proceeding on leave without sanction with effect from 23.3.1996 to 30.3.1996. According to the petitioner, he had no option but to proceed on leave during the aforesaid period in anticipation of sanction of leave. The petitioner was awarded 20 days cell confinement vide order dated 24.5.1996 which reads thus:_ JUDGEMENT_1902_UPLBEC3_2012m.JPG JUDGEMENT_1902_UPLBEC3_2012m1.JPG JUDGEMENT_1902_UPLBEC3_2012m2.JPG;