- (1.) The petitioner, who was a Constable in the U.P. Police, was dismissed from service by order dated 28 January 1994 for the reason that he had unauthorisedly remained absent for a long period of 503 days from 8 May 1992. The appeal filed by the petitioner was rejected by order dated 27 July 1994 and the Claim Petition No. 1287 of 1995 filed by the petitioner before the U.P. Public Services Tribunal, was also dismissed by order dated 1 December 2009. This petition has been filed to assail the aforesaid orders.
(2.) The facts reveal that while the petitioner was posted as a Constable in Saharanpur, he was directed to take part in the Refresher Course in the Police Training Centre at Moradabad. He was relieved on 3 May 1992 by the Authority to undertake the Course. The petitioner, however, did not report at the Training Centre and went to Deoband where he was admitted in a Government Hospital. It is stated that he was asked to take rest for 2 days on 4 and 5 May 1992. The petitioner thereafter proceeded to the Training Centre where again fell ill and was admitted to a Government Hospital at Muzaffarnagar where he was advised to take rest for two days on 6 and 7 May 1992. It is stated that 1 the Tribunal the petitioner thereafter went to the Police Training Centre at Moradabad on 8 May 1992 but he was not permitted to join the Refresher Course as he reached late. The petitioner claims that while returning from Moradabad he had some kidney problem and, therefore, could join his duties at Saharanpur and he went to his residence at Muzaffarnagar and stayed there for treatment of his disease.
(3.) As the petitioner unauthorisedly remained absent for a long period of 503 days without leave or permission, a charge-sheet dated 1 June 1993 was issued to the petitioner. The inquiry was conducted against the petitioner under the provisions of U.P. Police Regulations, 1861 and an inquiry report dated 5 January 1994 was submitted. The Inquiry Officer found as a fact that the petitioner had remained unauthorisedly absent for a long period of 503 days. The medical reports of a private doctor were not believed. The Enquiry Officer noted that the petitioner did not get himself examined in a District Hospital as was the requirement under the Regulations. The petitioner was provided an opportunity to submit his objections to the inquiry report which opportunity was availed. Subsequently a detailed order dated 20 January 1994 was passed by the Senior Superintendent of Police, Saharanpur for dismissal of the petitioner from service for having remained unauthorisedly absent for a long period of 503 days. The appeal filed by the petitioner was dismissed and the Tribunal also dismissed the claim petition filed by the petitioner.;