- (1.) Petitioner has approached this Court questioning the validity of the order dated 17.04.2008 passed by Disciplinary Authority proceeding to dispense with the services of the petitioner as Constable and the order of its affirmance in Appeal and Revision passed by Appellate Authority and Revising Authority respectively on 07.08.2008 and 27.01.2009 respectively.
(2.) Petitioner was enlisted in Central Reserve Police Force (hereinafter called C.R.P.F) in the year 1991, In the year 2008 while petitioner was posted at Allahabad, he claims that his wife Smt. Urmila Devi was seriously ill and she was treated at Nazarath Hospital, Allahabad on 30.01.2008. Petitioner claims that again his wife was checked up on 31.01.2008 in the Department of Pathology, Department of Ultrasonography and the Department of Readiology at Nazarath Hospital Allahabad. Petitioner further submits that on 01.02.2008 Dr. Smt. S. Sinha of Group Centre Hospital C.R.P.F. Allahabad checked up the petitioner's wife and referred to her to Nazarath Hospital/S.R.N. Hospital Allahabad. Petitioner further submits that on 04.02.2008 Dr. Smt. S. Sinha of Group Centre Hospital C.R.P.F. Allahabad again checked up the petitioner's wife and referred to her to S.R.N. Hospital Allahabad. Thereafter petitioner further submits that Dr. K. Singh of Group Centre Hospital C.R.P.F. Allahabad again checked up the petitioner's wife and referred to her to Nazarath Hospital. Petitioner further submits that his wife was not well and continuous treatment was on going, as such he moved an application for grant of 30 days leave on 28.02.2008.
(3.) Petitioner has stated that while he was posted at C.R.P.F. Allahabad on 01.03.2008 he was informed that his wife was not well and petitioner submits that at the said point of time he proceeded ahead for treatment of his wife and in this regard he moved an application for giving him four hours out pass so that he could get checked up his wife and his case was forwarded. Petitioner submits he took up his wife for check up at Shakti Medical Care Centre, Allahabad and got his wife checked up. Petitioner thereafter was placed under suspension on 02.03.3008 and, two charges have been levelled against him (i) Petitioner was absent from his duty 0600 hours to 0800 hours (ii) he put his S.L.R. Bat No. 139 Body No. 1730, 3 Magzine and 60 round in his house. In the disciplinary proceeding which has been so undertaken petitioner appeared and as far as charge no. 1 is concerned he denied and as far as charge no. 2 is concerned, petitioner has admitted the same and thereafter evidence has been led and Inquiry Officer has submitted his report and thereafter based on the said inquiry report order of dismissal of service has been passed. Petitioner preferred Appeal against the same and same has been dismissed and thereafter he preferred Revision, same has also been dismissed.;