- (1.) HEARD Sri Shyamal Kumar, learned counsel for the petitioner and the learned Standing Counsel, appearing on behalf of the respondents.
(2.) BY means of the present petition, the petitioner is challenging the impugned punishment order dated 7th October, 2005, appellate order dated 4th July, 2006 and the order dated 16th January, 2007, rejecting the Review Application. The brief facts, as set up by the petitioner in the writ petition, are that in the month of August, 2001, the petitioner was posted as a Junior Clerk in the office of the Assistant Commissioner, Excise, Kaushambi. During the tenure of his posting in the district of Kaushambi, on 5th October, 2002, the petitioner received an information in regard to sudden illness of his mother as a consequence of which, the petitioner moved an application for one day leave to visit his house at Allahabad in order to look after his ailing mother on which the respondent no.3 granted the leave and permitted the petitioner to leave the station also. On reaching to Allahabad, the petitioner found that his mother is seriously ill as a consequence thereof, he remained at Allahabad and was unable to join his duty on 8th October, 2002. On 8th October, 2002, he moved an application before the respondent no.3 to extend his leave upto 15th October, 2002. Thereafter, the petitioner again sent an application on 15th October, 2002 for extension of his leave upto 22nd October, 2002. Further, on 22nd October, 2002, he moved another application for extension of his leave upto 2nd November, 2002, thereafter, he moved yet another application on 2nd November to extend his leave upto 25th November, 2002. By application dated 25th November, 2002, the petitioner sought extension of leave upto 20th December, 2002. The petitioner again sent application on 20th December, 2002, seeking extension of his leave upto 31st December, 2013 and by application dated 31st December, 2002, he sought extension of his leave upto 13th January, 2003. All the applications for leave were duly received in the office of the respondent no.3. However, no further communication was received by the petitioner from the respondent no.3. Sri R.C. Gupta, the then Assistant Commissioner, Excise, Kaushambi, respondent no.3, vide his letter dated 24th October, 2002, addressed to the Deputy Commissioner, Allahabad, recommended that since the petitioner is absent from the duty after 7th October, 2002, and on being contacted on telephone, he has informed that he would not return back to join his duty, therefore, disciplinary action be taken against him. On the basis of the aforesaid letter of the respondent no.3, the Deputy Excise Commissioner, Allahabad, vide his letter dated 30th October, 2002, referred the matter to the respondent no.2 to take appropriate action against the petitioner. The respondent no.2, in pursuance of the aforesaid letters of the Assistant Excise Commissioner, Kaushambi, dated 24th October, 2002 and the letter of the Deputy Excise Commissioner, dated 30th October, 2002, vide office order dated 9th January, 2003, suspended the petitioner from service contemplating the disciplinary proceeding. A chargesheet dated 9th January, 2003 has been issued to the petitioner by the Enquiry Officer, after obtaining approval from the respondent no.2, which has been served upon the petitioner on 6th September, 2003 asking the petitioner to submit his reply to the allegations made in the charghesheet, within fifteen days.
(3.) IN the chargesheet, following charges have been framed:;