Pushpendra Singh Bhati, J. - (1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: "(A) That, the order passed by the disciplinary authority dated 11th Dec. 2003 and affirmed by the Appellate and Reviewing Authority dated 17.06.2005 and 29th Aug.,2008 respectively (Annex.8, 10, 12) whereby punishment of dismissal from service has been inflicted may kindly be quashed and set aside. (B) That, consequent to aforesaid petitioner may kindly be directed to be reinstated in service with all consequential benefits. (C) Any other relief which this Hon'ble Court may deem fit may kindly be granted in favor of the petitioner; (D) Cost of the writ petition may kindly be awarded to the petitioner."
(2.) Sans the unnecessary factual details, suffice it would be to set out the woodcut preface of the case. The petitioner was selected as a Constable in the respondent-Department in the year 1992. The petitioner, while being posted at Deogarh on 13.08.2002, proceeded on leave for three days; but did not report back on 19.08.2002, when he was supposed to join the duty.
(3.) A criminal case, meanwhile, was lodged against the petitioner for causing the death by crushing the deceased under the jeep. The preliminary enquiry was conducted and the memorandum of charge-sheet dated 28.01.2003 was served upon the petitioner vide Annexure-1 of the writ petition. The petitioner, thereafter, was suspended. The petitioner later on was acquitted by the trial court from the criminal charges on 08.10.2003 vide Annexure-4 of the writ petition.;