SUNIL KR TIWARI, J. - (1.) WE have heard learned counsels appear for the parties.
(2.) The respondent No. 1 was serving as a Constable in Civil Police. He absented from duties from 17.11.2002, after receiving an information from his son that his wife was seriously ill. He did not approach the Inspector, Police Line, Rampur, nor any application for leave was forwarded by the C.O. concerned. Without any intimation, he had left to attend his wife. He returned back after 318 days, and joined on 01.10.2003. A charge -sheet was served on him, on which a departmental enquiry was conducted, in which respondent No. 1 was found guilty, and the punishment order was passed on 01.12.2004, by which he has been dismissed from service. A departmental appeal, before the Deputy Inspector of General of Police, Moradabad Range, Moradabad, was dismissed on 29.06.2005. He preferred a revision, which was also dismissed on 13.02.2006.
(3.) THE claim petition filed by respondent No. 1, was allowed by the Public Services Tribunal, Lucknow, directing the petitioners, to reinstate respondent No. 1 in service with all consequential benefits of service. The claim petition was allowed on the ground that the respondent No. 1 (petitioner in the claim petition) has been denied reasonable opportunity of defence, in not supplying to him relevant documents.;