MUNNI PRASAD MISHRA Vs. STATE OF U P
LAWS(ALL)-2014-9-135
HIGH COURT OF ALLAHABAD
Decided on September 11,2014

Munni Prasad Mishra Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) Heard Shri H.P. Shahi, who appears for the petitioner and Mr. Pankaj Rai, learned Additional Chief Standing Counsel for the respondents.
(2.) By means of the present writ petition the petitioner has prayed for quashing of the impugned termination order dated 9.3.2004(Annexure No.1 to the writ petition) passed by Senior Superintendent of Police, Kanpur Nagar as well as order dated 10.12.2007 (Annexure No.2 to the writ petition) passed by the State Government.
(3.) The brief facts giving rise to the present writ petition are as follows. :- The petitioner was initially appointed as Constable in the year 1978 and, thereafter, he was promoted to the post of Head Constable. Due to absence from the duty since 28.9.2002 he had been served upon charge sheet on 3.3.2003. Subsequently, the petitioner moved an application seeking for voluntary retirement on 29.8.2003. Immediately on 19.9.2003 the Superintendent of Police had issued notices calling upon the petitioner to explain as to why he is seeking voluntary retirement. The notice dated 19.9.2003 is being brought on record as Annexure - 6 to the writ petition. In response to the notice dated 19.9.2003 the petitioner made application giving reasons for voluntary retirement on 24.9.2003. Thereafter, the impugned termination order dated 9.3.2004 had been passed. The reasons mentioned in the impugned termination order was only unauthorized absence of 181 days.;


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