- (1.) We have heard the learned counsel for the parties.
(2.) The petitioner Pandhari Saroj, who is a dismissed Civil Police Constable of U.P. Police, has preferred this writ petition to issue a writ of certiorari quashing the impugned order dated 28.2.2000 passed by the respondent no. 5, order dated 15.3.2001 passed by the respondent no. 4 by approving the dismissal order, order dated 30.4.2002 passed by the respondent no. 3 in dismissing the revision as well as order dated 12.12.2013 passed by the respondent no. 6 dismissing the claim petition of the petitioner and also to issue a writ of mandamus directing the respondent no. 5 to reinstate the petitioner.
(3.) Briefly, the facts of this case are as follows:- The petitioner was a Civil Police Constable of Uttar Pradesh Police. While his posting as such in the Police Station 'Refinery' of District Mathura on 30.12.1998, he was assigned the job of service of summons in the districts namely Farrukhabad, Mainpuri, Etawah, Allahabad, Sant Kabir Nagar, Ballia, Lucknow and Kanpur Nagar etc. As per the facts mentioned in the writ petition, the petitioner fell ill due to cold winter season and he was hospitalized on 7.1.1999 in District Hospital, Mirzapur and remained there from 7.1.1999 to 30.3.1999 for the treatment. The information to this effect was sent by the petitioner to respondent no. 5 on 8.1.1999 through U.P.C. Post. The petitioner joined his duty on 31.3.1999 and submitted medical certificate. On 09.9.9.1999, a charge sheet was served upon the petitioner by the Enquiry Officer for his illegal absence for a period of 90 days. The petitioner submitted his reply to the charge sheet on 15.9.1999 and denied the charges levelled against him. The Enquiry Officer after fixing the date, recorded the statements of the witnesses and thereafter submitted enquiry report to the respondent no. 5 on 14.11.1999 mentioning therein to grant him leave without pay.;