Court No. - 38 Case :- WRIT - A No. - 37196 of 2010 Petitioner :- Ram Narain Prasad Respondent :- State Of U.P. And Others Petitioner Counsel :- Sandeep Srivastava Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
This Court after considering the facts and circumstances of the
present case has passed a very detailed order on 29.06.2010. The
Court has also directed the Superintendent of Police, Mirzapur to
appear before this Court to show that under what circumstances,
the petitioner has been permitted to join after a period of 14 years
without any order passed by any authority or Court, in spite of the
fact that he was transferred from Varanasi to Mirzapur by order
dated 30.06.1995 and was relieved on 26.08.1995. From the record
it is clear that the petitioner was absent from duty without any
information to the authorities and deliberately has not joined the
transferred post and now due to mistake of the Superintendent of
Police, Mirzapur he has been permitted to report to police line on
11.11.2009 and now the petitioner wants to take the benefits that
as he has been permitted to join therefore period of absence of 14
years may be treated as medical leave or leave without pay.
Though the Court on that occasion taken a view that a mistake has
been committed on the part of the committee to permit the
petitioner to join .
Learned Standing Counsel Sri B.N. Mishra states that the
disciplinary enquiry regarding a long absence of period of 14 years
flouting the orders of transfer dated 30.06.1995 is still pending
against the petitioner. Therefore, it will be appropriate that the
proceeding against the petitioner may be permitted to complete
and the proper action as provided under the law may be taken.
Petitioner now only on the basis of joining claims that he is
entitled for salary also. In my opinion, unless and until the period
of absence of the petitioner for a considerable long time is not
taken into consideration the petitioner will have no right to claim
the continuity of service or salary in case the some mistake has
been committed by the authority permitting the petitioner to join.
From the record it clearly appears that no plausible reason or
ground has been submitted by the petitioner for a long absence and
there is nothing on record to show that in case the petitioner was ill
or as according to the petitioner he was mentally disturbed any
information to the relevant authority regarding his illness and
condition, not to join the post, has ever been intimated. The
petitioner has submitted no proof before this Court to show that
well in time immediately after the order of transfer in the year
1995 any application was sent that was received in the office of the
respondents. Therefore any explanation which is being given by
petitioner as on today by means of this writ petition by annexing
documents can be treated to be afterthought.
In such circumstances, in my opinion, the disciplinary enquiry
against the petitioner may be completed by the respondents-
competent Authority after giving opportunity to him and suitable
order be passed taking all the situations regarding unauthorized
absence of petitioner and in case the disciplinary authority comes
to the conclusion that a suitable punishment according to law is to
be given to the petitioner, the same be imposed while passing the
final order. It is further provided that in case there is any
apprehension in the mind of the respondents that during the
disciplinary proceeding pending against the petitioner there is any
apprehension of absconding the petitioner, respondents are at full
liberty to detain petitioner till the disciplinary proceeding is
completed. It is further observed that if possible the disciplinary
proceeding be completed within six months from the date of
production of a certified copy of this order.
The presence of S.P., Mirzapur is hereby exempted.
With these observations, the writ petition is hereby dismissed.
No order as to costs.
Order Date :- 15.7.2010
Sazia