- (1.) HEARD Sri Shrawan Kumar Mishra, for the petitioner and Standing Counsel, for the respondents.
(2.) THE writ petition has been filed for quashing the orders of Commandant (respondent -1), dated 20.08.1993, dismissing the petitioner from service in the disciplinary proceeding, taken against him and Deputy Inspector General of Police (respondent -3) dated 31.12.1993, dismissing the appeal of the petitioner.
(3.) THE petitioner was enrolled as 'Constable' in Provincial Arms Constabulary U.P. on 15.08.1987. In February, 1993, the petitioner was posted at 45th Battalion, P.A.C., Aligarh. In drunken condition, he misbehaved with the family of washer -man. For which, he was suspended and transferred to 15th Battalion, P.A.C., Agra on 18.02.1993. The petitioner applied and was granted three days leave from 03.03.1993 to 05.03.1993 for visiting his house at Jhansi. The petitioner overstayed and remained absent from his duties from 06.03.1993 to 28.04.1993, without any information. The Commandant, vide order dated 16.04.1993 initiated preliminary inquiry against the petitioner. Sri Shyam Lal Singh, Assistant Commandant, conducted preliminary inquiry against the petitioner. In the meantime, the petitioner reported on duty on 29.04.1993. Assistant Commandant recorded statement of the petitioner on 30.04.1993 and after examining other materials, submitted his preliminary inquiry report on 11.05.1993, holding the petitioner as guilty for remaining absent from duty without leave from 06.03.1993 to 28.04.1993. The petitioner again absented from duty without any information from 09.05.1993 to 10.06.1993. The Commandant, by order dated 19.05.1993, initiated disciplinary proceeding against the petitioner and appointed Sri K.P. Singh, Assistant Commandant, as Inquiry Officer.;