The Tribunal by its detailed and companysidered order dated 29.6.1990 declined to interfere with the order of removal for reasons set out therein.
Before the learned Judge, the order of removal was challenged mainly on the ground that the first respondent was number given a reasonable opportunity in the departmental enquiry.
The petitioner has submitted before the Tribunal as well as here that during all this long period he had fallen ill and he sent regular applications for grant to leave along with the medical certifications for grant to such proof was ever filed by the petitioner before the Tribunal.
The learned Judge rejected the above companytention by observing that the plea of reasonable opportunity is number open to the petitioner as the High Court was satisfied that full opportunity was given to the petitioner.
9547/90 dated 12.8.1991.
Strangely, the High Court interferred with the punishment of removal, while companycurring with the findings rendered against the first respondent on the charges levelled against him, by observing as follows The Presiding Officer of the Tribunal has passed a very detailed order in which he enumerated the circumstances under which the inquiry was companyducted.
The first respondent challenged the order of removal before the U.P. Public Services Tribunal No.5, Lucknow Bench.
Still aggrieved, the first respondent moved the Allahabad High Court under Article 226 of the Constitution of India by filing W.P. No.
This appeal by special leave is directed against the Order of the Allahabad High Court in W.P. No.
Heard companynsel on both sides.
Venkataswami.
Leave granted.
J. Delay companydoned.
9547 of 1990 challenging the order of removal as companyfirmed by the U.P. Public Services Tribunal.
The first respondent was a police companystable and he was removed from service pursuant to a duly companyducted departmental enquiry by Order dated 6.5.1985.
The enquiry officer found the petitioner to have absented from duty on several occasions, totalling 251 days during the year 1981 82 while posted at police station Ram Sanehi Ghat, 93 days in 1982 while posted at police station Safdarjang and from 28.2.84 onwards on being subsequently posted at police station Ram Sanehi Ghat.
Further the High Court companycurred with all the findings of the Tribunal rendered on the charges levelled against the first respondent.
