- (1.) COUNSEL for the petitioner and the learned Standing Counsel.
(2.) PETITIONER has filed the instant writ peti­tion for quashing of the charge sheet dated 30-1-2009 and for restraining the respondents from conducting any departmental proceed­ings against the petitioner in pursuance of the said charge-sheet. Petitioner, who is a Fireman at Fire Sta­tion Haidergarh, District Barabanki, went to attend the marriage in District Gopalganj, Bihar on 8-3-2008 after sanction of leave where he was arrested along with his other relatives for possession and transporting of "Ganja" a narcotic drug. Thereafter he was challaned and sent to jail in connection with the offences under Section 21/22 of the Nar­cotics Drugs and Psychotropic Substances Act along with his relatives. After due investiga­tion, a charge-sheet was submitted by the po­lice but in the trial, the petitioner and all other accused persons were acquitted by the judg­ment and order dated 28-7-2008 passed by the 1st Additional Sessions Judge, Gopalganj, ; Bihar. Thereafter the petitioner was released from jail on 30-7-2008.
(3.) WHEN the petitioner reported for duties, the Superintendent of Police, Barabanki passed an order on 5-5-2008 placing the peti­tioner under suspension under the provisions of Rule 17(1)(a) of the U.P. Police Officers of the Sub-ordinate Ranks ( Punishment and Ap­peal ) Rules, 1991 in contemplation of a de­partmental enquiry against him on the alle­gation that the petitioner had proceeded on two days sanctioned leave from 8-3-2008 but, he did not report for his duties after expiry of i the aforesaid period of leave and absented himself from his duties without any permis­sion or leave.;