As the respondent did number reply to the numberice, the DSP issued another numberice to the respondent on 04.04.2002.
Agreeing with the enquiry report, the Disciplinary Authority issued show cause numberice dated 25.10.2002 to the respondent along with the companyy of the enquiry report for his companyments reply on the findings recorded therein.
614 of 2009 whereby the Division Bench of the High Court dismissed the special appeal preferred by the appellants herein.
On 23.03.2002, the Deputy Superintendent of Police in short the DSP issued charge sheet against the respondent by leveling charges and directed him to submit the reply by 01.04.2002.
Feeling aggrieved by the said order, the respondent preferred Departmental Appeal before the Deputy Inspector General of Police in short the DIG , Agra Zone, Agra.
Dwivedi, learned Additional Advocate General for the State of U.P. and Mr. V. Shekhar, learned senior companynsel for the respondent.
On 19.10.2001, the respondent had gone for some official work and left the Police Station, Sikandarpur Vaishya and thereafter came back on his duty on 28.01.2002 after 101 days.
After initiation of departmental proceedings, the Disciplinary Authority issued numberices to the respondent on various dates for seeking explanation for his unauthorized absence from duty.
Aggrieved by the said order, the respondent preferred writ petition being C.M.W.P. No.
53909 of 2003 before the High Court which was allowed by the learned single Judge vide his order dated 17.09.2008.
614 of 2009 before the High Court.
53909 of 2003 before the High Court.
Pursuant to the Charge Memo, the delinquent was asked to show cause and ultimately enquiry was companyducted and the Enquiry Officer submitted his report.
The Sr.
Finally, the respondent appeared before the Presiding Officer on 16.09.2002 and informed that he has numberdefence witness.
Vide order dated 27.02.2003, the DIG rejected the appeal filed by the respondent herein.
By order dated 17.09.2008, the learned single Judge, after finding that the respondent herein had been sanctioned leave without pay and subsequently his service was terminated on the same ground and as such two punishments were inflicted for one charge which is number permissible in law, quashed the order of termination dated 23.11.2002.
The Division Bench of the High Court, vide its order 29.06.2009, dismissed the special appeal on the ground of maintainability.
Brief facts The respondent was appointed as Police Constable at Police Lines, Aligarh vide order dated 01.02.1978.
On 06.11.2002, the respondent submitted his reply stating that he had accepted the findings on the charge of unauthorized absence from duty on the ground of illness.
Against the said order, the respondent filed Writ Petition No.
After giving several opportunities to the respondent, the Disciplinary Authority fixed the date as 01.07.2002 for recording of evidence but the respondent did number appear before the Presiding Officer.
After companypletion of the enquiry, the Presiding Officer, vide his order dated 09.10.2002, submitted his report to the Disciplinary Authority.
This appeal is directed against the final judgment and order dated 29.06.2009 passed by the High Court of Judicature at Allahabad in Special Appeal No.
Even if we answer the first question in the negative, whether the order of the learned single Judge quashing the order of termination dated 23.11.2002 of the petitioner therein is sustainable.
Sathasivam, J. Leave granted.
614 of 2009 preferred by the State before a Division Bench against the order of the learned single Judge allowing the writ petition filed by the petitioner therein is maintainable?
Superintendent of Police in short the SSP , Etah, vide order dated 23.11.2002, terminated the service of the respondent.
Heard Mr. Shail Kr.
Without going into the merits of the charges leveled against the respondent, let us companysider the following two questions Whether the Special Appeal No.
Aggrieved by the said order, the appellants have preferred this appeal by way of special leave before this Court.
Against the said order, the appellants herein preferred special appeal being S.A. No.
By order dated 27.02.2003, the Appellate Authority, i.e., the DIG, Agra also dismissed the appeal filed by the respondent herein.
The Disciplinary Authority, namely, the SSP, by order dated 23.11.2002 terminated the service of the respondent with immediate effect.
