- (1.) Heard learned Standing Counsel for petitioners and Sri Manish Mishra, counsel for respondents.
(2.) This writ petition under Article 226 of Constitution of India has been filed by State of U.P. and it authorities assailing judgment and order dated 28.02.2007 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as "Tribunal") allowing Claim Petition no. 1007 of 2002. Order of punishment of dismissal dated 08.03.2002 and appellate and revisional orders dated 05.07.2002 have been set aside by Tribunal.
(3.) We find that charge sheet was issued to claimant-respondent on 03.02.2002 levelling following charge:- Vide Order Number : P.F.2/2002 dated 03.02.2002 of Senanayak, 28th Battalion P.A.C., regarding following charge against Constable 36206 Gopal Singh, this departmental proceeding has been entrusted to me- the Presiding Officer :-In the year 2001, you were posted in 'H' Dal (Company) of 28th Battalion P.A.C., Etawah and were at Battalion Headquarter then on 08.12.2001 you had proceeded for casual leave of 06 days and you did not return on time rather since 14.12.2001 you are absent unauthorizedly. Thus you are guilty of disobeying the departmental orders and lethargy & dereliction towards duties in violation of directions contained in Section 29 of Police Act." (English translation by Court);