OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India has been filed by the Claimant Petitioner Om Prakash, being aggrieved by judgment and order dated 29.10.1999, passed by U.P. Public Services Tribunal, Lucknow (hereinafter referred to as 'Tribunal') dismissing Claim Petition No.289 filed by him challenging order of dismissal dated 28th May, 1995 passed by Senior Superintendent of Police, Mainpuri (hereinafter referred to as 'Disciplinary Authority'), and appellate order dated 07.01.1997 passed by Deputy Inspector General of Police, Agra Range, Agra (hereinafter referred to as 'Appellate Authority) dismissing appeal.

(2.) Facts in brief, giving rise to the present writ petition necessary to understand the matter in dispute, are as under:-

(3.) Petitioner was working as Constable and posted at Mainpuri. He proceeded on leave on 29th July, 1994 for 09 days' casual leave but did not report for duty after expiry of period of leave and reported to resume duty on 30.11.1994. Consequently, a charge-sheet dated 20th January, 1995 was issued by Additional Superintendent of Police, Mainpuri stating that petitioner is guilty of unauthorized absence of 116 days, i.e. from 8th August, 1994 to 30th November, 1994, which is a serious misconduct on the part of a member of Uniform Disciplined Force.