Rajan Roy, J. - (1.) Heard Sri Sanjay Kumar Singh, learned counsel for the petitioner as also the learned C.S.C. for the State.
(2.) The petitioner herein was a Police Constable in the U.P. Police Force. He was sanctioned casual-leave of 6+1 days and was required to report back to duty by 16.4.2012. Before he could do so, an incident is alleged to have taken place leading to lodging of an F.I.R. under sections 363/366/376 I.P.C. bearing Case Crime No.338 of 2012 on 13.4.2012. The petitioner was arrested by the Police in this connection on 14.4.2012 and remained incarcerated till he was enlarged on bail on 28.5.2012. Thereafter he submitted his joining on 4.6.2012. A preliminary inquiry was ordered wherein he was prima facie found to be guilty of unauthorized absence for 50 days. In the meantime on 29.4.2012 a chargesheet was filed by the Police against the petitioner in the aforesaid criminal case before the competent Court. On 30.7.2012 a departmental chargesheet was issued alleging his unauthorized absence as also lodging of an F.I.R. as aforesaid which had been found to be true in the preliminary inquiry. The petitioner submitted his reply. Thereafter an inquiry was held. Inquiry report was submitted by the inquiry officer on 8.11.2012 finding the petitioner guilty of the aforesaid charges. A show-cause was issued to him by the Commandant 32nd Battalion, P.A.C. on 1.12.2012 which was replied by the petitioner. Thereafter the disciplinary authority i.e. the Commandant 32nd Battalion, P.A.C. passed the order of dismissal of the petitioner from service under Rule 4(1)(a)(1) read with Rule 14(1) of the U.P. Police Officers of the Subordinate Ranks (Punishment & Appeal) Rules 1999. The said order has been challenged by the petitioner before this Court by means of this writ petition filed in the year 2013.
(3.) Counter and rejoinder affidavits have been exchanged.;