- (1.) Heard Sri Sanjay Kumar Jaiswal, learned Counsel for the petitioner and Sri L.K. Shukla, learned Standing Counsel for the respondents.
(2.) By means of the instant writ petition the petitioner seeks a direction in the nature of certiorari for quashing the revisional order dated 06.10.2002 (Annexure-5 to the writ petition) passed by the Inspector General of Police, P.A.C., Western Zone, Moradabad as well as the appellate order dated 24.02.2001 of the Deputy Inspector General of Police, P.A.C., Moradabad Division, Moradabad and the dismissal order dated 19.06.2000 of the Commandant, 9th Bn. P.A.C., Moradabad. Petitioner further seeks a writ of mandamus to reinstate him in service with all arrears of salary and other consequential benefits.
(3.) The submission of counsel for the petitioner is that the petitioner was dismissed from service vide order dated 19.06.2000 passed by the respondent No. 4 on the charge of absence from duty for some hours without proper opportunity of hearing. He further submits that by means of charge-sheet dated 10.04.2000, the petitioner was charged to the effect that he was absent from duty between 0630 to 1000 hours and found intoxicated on 14.03.2000, when he was posted at Ram Janam Bhoomi, Ayodhya. It is vehemently argued by the counsel for the petitioner that after giving charge-sheet no opportunity of hearing was afforded to the petitioner and the enquiry proceedings were conducted ex-parte as well as before passing major punishment, the petitioner was not given any opportunity of hearing and the dismissal order has been passed against the principles of natural justice. It was also alleged by the petitioner that neither enquiry report nor any show cause notice was issued to him and he was dismissed from service on the basis of bogus enquiry report. The counsel for the petitioner drawn the attention of this Court toward the pleadings made in paras-11, 12, and 13 of the writ petition and also addressed on the question of quantum of punishment. In support of his contention learned Counsel for the petitioner placed reliance on the judgments, Babu Lal v. State of U.P. and Ors., 2002 3 UPLBEC 2713 Zafar Alam v. Collector, Jaunpur and Ors., 2002 3 UPLBEC 2143 H.S. Mishra v. Secretary/General Manager, Mau Aima Sahkari Katai Mills Ltd. and Anr., 2002 1 UPLBEC 327Shobh Nath Gautam v. State of U.P., 2000 1 UPLBEC 275 and the judgment and order dated 26.05.2005 passed in Writ Petition No. 9209 of 2002 Satendra Kumar Sharma v. State of U.P. and Ors.;