Sunil Ambwani, J. - (1.) HEARD Shri Ashok Khare, Senior Advocate as sisted by Shri K.N. Rai for the petitioner. Learned Standing Counsel appears for the respondents.
(2.) BY this writ petition the petitioner has prayed for setting aside the orders passed by the Senior Superintendent of Police, Ballia dated 6.3.2007; Deputy Inspector General of Police, Azamgarh Range, Azamgarh dated 24.8.2007 and Inspector General of Police dated 4.7.2008. The Senior Superintendent of Police, Ballia removing the petitioner from service as Constable-No. 638 Civil Police and posted in the year 2004 at P.S. Sukhpura Distt. Ballia on the ground of his continuous absence form duties w.e.f. 30.8.2004, after following the procedure prescribed under Rule 14 (1) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991 (in short Rules of 1991). The punishment of removal from service without any pay from the date of unauthorised absence was awarded under Rule 4 (1) and Rule 4 (1) (a) (2) of the Rules of 1991. Brief facts giving rise to this writ petition are that the petitioner was detailed and dispatched for duties on 'Mahavir Jhanda Julus' Ballia along with then S.H.O. Sukhpura Shri Ajeet Kumar Singh on 29.8.2008. All other ac companying police officers returned back from duties, but the petitioner absented from 30.8.2004. A preliminary enquiry was made by the Circle Officer, " Ballia in which recommendations were made to remove the petitioner from service. A charge-sheet was issued to the petitioner on 25.8.2006 in the enquiry under Rule 14 (1) of the Rules of 1991 for imposing major penalty. The petitioner did not submit any reply on which a notice was given on 15.1.2007 to show cause against recommendations to remove him from service. The notice was served upon the petitioner on 16.2.2007 but that no reply was received on which it was presumed that the petitioner had nothing to say. The Senior Superintendent of Police, Ballia consequently passed an order on 6.3.2007 removing the petitioner from service without pay with effect from his absence from duties on 29.8.2004. The petitioner filed an appeal before the Deputy Inspector General of Police, Azamgarh Zone in which he alleged that he was deputed for duties on 'Mahaviri Jhanda Julus', Ballia along with duty rifle and 20 rounds of car tridges. He was not well and was extremely week with loss of appetite. From 'Mahaviri Jhanda Julus', Ballia he came to Varahasi on 1.9.2004 and was under treatment of Dr. D.C. Gupta, Orderly Bazar, Varanasi. He was advised and took bed rest and was under treatment from 1.9.2004 to 31.1.2005. When he did not recover, he consulted doctors in District Hospital on 1.3.2005 and was ad vised two moths' rest. He did not recover again and consulted doctors in District Hospital, Ghazipur on 1.9.2005 and was again advised rest for one month with prescription of medicines. The petitioner again consulted the doctors in District Hospital, Ghazipur on 2.1.2005 and was again advised rest. He was declared fit by the doctors on 27.7.2006 after he recovered and was prepared to join but that again he fell ill, and again consulted doctors. Finally he was declared fit by Dr. Anil Kumar Mehta on 2.3.2007. He filed medical prescriptions and cer tificates before the appellate authority. The petitioner stated that he re ported his illness on 21.2.2007 by registered post and since he had spent allot of money in treatment and was short of fund, he had sent the letter to the Superintendent of Police, Ballia under certificate of posting.
(3.) THE appellate authority found from the statement of Shri Ajeet Kumar Singh, S.H.O. of the police station that the petitioner had returned back from duties and deposited the rifle and cartridges. THE duty was entered on record in 'Mahaviri Jhanda Julus' 'roznamcha aam' from 29.8.2004 to 7.9.2004. He did not return back and was continuously absent from 30.8.2004 and was reported absent in 'roznamcha aam' from 7.9.2008. No steps were taken against Shri Ajeet Kumar Singh for failing to report him to be absent from duties. THE appellate authority found that all other employees had returned back by 21.15 p.m. and that appellant was also reported to have returned and have deposited rifle and cartridges on 29.8.2008, but that on 30.8.2004 when the police party again left the police station to report for duties at 'Mahaviri Jhanda Julus', the ap pellant did not accompany them. THE entries in the police station regarding his presence from 30.8.2004 to 6.9.2004 with assignment of duties in Mahaviri Jhanda Julus' are incorrect. THE petitioner did not perform duties during this period and was not present at the police station. A report of petitioner's absence was made by Shri A.H. Zaidi, the then S.O. Sukhpura on 17.7.2005 and thereafter several letters were written to the petitioner on 31.8.2006, 10.9.2006, 1.10.2006, 12.11.2006 and 7.12.2006. A special messenger was also sent on 7.10.2006 and that on 7.12.2006 the date was fixed for 16.12.2006. A copy of this letter was received by Smt. Sangeeta Rai, the wife of the petitioner. The petitioner was given several opportunities to defend himself but that he neither received the charge sheet nor gave any reply in his defence. The department examined the witnesses and found that the petitioner was absent from duties without any request for grant of leave. His contention that he had sent a letter by Registered post to the Superintendent of Police, Ballia on 21.2.2007 and had "sent several U.P.C. letters was found to be incorrect as there was no evidence to prove the fact. The document with regard to treat ment, receipt of the registered and U.P.C. letters were disbelieved by the ap pellant authority. He had not disclosed the nature of his illness and that all the prescriptions were of the treatment in the outpatient department. He did not report to the competent authority for rest or gave any information about ill ness violating paras 381, 382 and 383 of Police Regulations. The appeal was dismissed on 24.8.2007. During the pendency of the revision before the Inspector General of Police the petitioner filed Writ Petition No. 6383 of 2008, which was disposed of on 1.2.2008 with direction to the revisional authority to decide the revision within three months. The revision was dismissed confirming the findings on 4.7.2008 giving rise to this writ petition.;