SHABIHUL HASNAIN, J. - (1.) HEARD Sri R. B. S. Rathore, learned counsel for the petitioner and learned standing counsel for the opposite parties.
(2.) THE petitioner who was constable in Civil Police has been dismissed from service vide order dated 14.2.2007, passed by Superintendent of Police, Sultanpur under Rule 8 (2) (b) of the U. P. Police Officers and the Subordinate Ranks (Punishment and Appeal) Rules, 1991. The petitioner has challenged this dismissal order mainly on the ground that the aforementioned rules were not applicable in the circumstances of the case in question. It is necessary to see under what circumstances the impugned order has been passed by the Superintendent of Police, Sultanpur, briefly stated facts are as below :
(3.) THE petitioner, when he was posted at district Sultanpur in the year 2007, was directed by the Superintendent of Police, Sultanpur to proceed for election duties vide order dated 12.2.2007. The petitioner was supposed to attend the duty for the State Assembly Elections, 2007 in Uttaranchal and further it was expected that he will leave alongwith other colleagues at 7 O'Clock in the morning on 14.2.2007. It is alleged that the petitioner absented himself from duty without any information and went on unauthorized leave on 13.2.2007 itself. The petitioner although being in a disciplined force did not think it proper to even inform the authorities and moved from his place of posting without any information whatsoever. This irresponsible action was held to be sufficient cause for passing the dismissal order of the petitioner's service by the Superintendent of Police.;