Ajit Kumar, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner is aggrieved by the order of termination of his services passed by the Disciplinary Authority on 27th of September, 1990, against which, departmental appeal of the petitioner has also come to be dismissed on 1st of September, 2003 and also the order passed by the Director General of Police, Gorakhpur Zone, Uttar Pradesh dated 14th of June, 2008 dismissing his revision petition.
(3.) The petitioner was appointed as a Constable (Driver) in the year 1989 and while posted at the police station, Kuber Asthan, district Deoria on 05.12.1989 he proceeded on leave and returned back only on 17th of February, 1990 by making entry in the General Diary (hereinafter referred to as 'G.D.') at the relevant police station. There is nothing on record to establish that thereafter the petitioner continued to discharge his duties as a Government servant any further. The preliminary enquiry was conducted in the matter of his absence from duty as he had proceeding on leave without sanction from the competent authority, and ultimately, the preliminary enquiry report was submitted on 26th of February, 1990 recommending a fulfleged departmental enquiry into the act of misconduct on the part of the petitioner. The competent police authorities directed for holding a regular enquiry in the matter on 28th of April, 1990. Charge sheet was issued to the petitioner on 9.6.1990, but since he was not available, therefore the charge sheet along with preliminary enquiry was directed to be served at his residence. The petitioner, in reply to the charge sheet, did not submit any detailed reply and instead, he submitted a reply on 18th of July, 1990 to the effect that his earlier reply in the preliminary enquiry has not been considered by the enquiry officer. He further submitted that on account of his illness he could not discharge his duties and as leaves were available in his account, the same may be adjusted against the period of his absence.;