SHIV VIR SINGH Vs. STATE OF U P AND ANOTHER
LAWS(ALL)-1997-8-73
HIGH COURT OF ALLAHABAD
Decided on August 06,1997

SHIV VIR SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

O.P.Garg, J. - (1.) Heard learned counsel for the petitioner as well as learned standing counsel on the question of admission, or, otherwise of the present writ petition. With the consent of both the parties, the present petition is being disposed of finally.
(2.) The petitioner--Shiv Vir Singh was employed as Sub-Inspector of Police in the Government Railway Police and was, at the relevant time, posted at Moradabad. He absented from duty during the period 23.6.1990 to 13.7.1990 (20 days). Subsequently, he was also absented from duty during the period 9.9.1990 to 14.9.1990 (6 days). On account of unauthorised absence of the petitioner, departmental proceedings were initiated against him under the provisions of Section 7 of the Police Act. After due enquiry and show cause notice the petitioner was dismissed from service on 16.10.1993. He filed a statutory appeal, which too was dismissed on 13.5.1996, i.e., after the filing of the present petition.
(3.) Learned counsel for the petitioner urged that the order of punishment of removal from service is shockingly disproportionate to the gravity of charge against the petitioner and, therefore, the order of dismissal Is liable to be set aside. A passing reference was also made to the effect that the reply to the show cause notice submitted by the petitioner was not considered.;


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