SUDHIR AGARWAL,J. - (1.) Heard learned counsels for parties and perused the record.
(2.) The writ petition is directed against the judgment and order dated 05.12.2008 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as "Tribunal") dismissing Claim Petition No. 1167 of 2004 filed by Gopi Nath Bhatt (hereinafter referred to as "deceased employee"), challenging order dated 10.06.2004 imposing punishment of dismissal upon him. During the pendency of Claim Petition, aforesaid Gopi Nath Bhatt has died and substituted by his legal representatives, who are petitioners before this Court.
(3.) The deceased employee was Constable in U.P. Police force. A charge was levelled against him that he was granted casual leave for three days on 06.09.1994 but instead of proceeding on 06.09.1994, he unauthorizedly absented from 07.09.1994 and remained absent till 02.10.1994. His absence was deliberate, hence has not discharged duties with devotion. On the aforesaid charge, enquiry was conducted and ultimately punishment order of dismissal was passed on 27.01.1997 which was challenged in Claim Petition No. 377 of 1998. It was allowed by Tribunal vide judgment dated 25.02.2004, operative part whereof reads as under: "The impugned order dated 27.1.97 (Anx.1) is hereby quashed being an arbitrary and illegal order, passed against the principle of natural justice . The O.Ps. are, however, free to proceed against the petitioner afresh in the departmental proceeding in the manner and as per direction contained in the judgment. The petitioner will be deemed to be under suspension and shall be entitled for consequential relief only after he is exonerated fully on the completion of the fresh enquiry as conducted against him. The enquiry shall be competed within three months from the date, certified copy of the judgment is made available to the O.P. The claim petition is allowed accordingly. No order as to costs." ;