On an order dated, 4th September 2020, the writ petition filed by Rajesh Kumar Singh was dismissed by the High Court of Allahabad stating that the learned Tribunal had given a just, fair, and reasonable order regarding the dismissal of his claims and about the given punishment.
Facts of the Case
Rajesh Kumar Singh (Petitioner) was a civil police constable at the Chandauli district till the year 2011. He was then transferred to Mau district but didn’t submit his joining and remained absent for about more than four years (1295 days). Following the same, an inquiry was conducted by the respective authority and as a result, it was found that it violated the U.P. Government Servant Conduct Rules, 1956. In accordance, it was decided by the State Public Services Tribunal that Rajesh would not get any salary for the aforementioned period w.r.t the principle of ‘no work no pay’.
Submissions at the Court
A writ petition was filed under the High Court of Judicature, Allahabad by Rajesh Kumar against the order dated 18th October 2019 which was passed by the State Public Services Tribunal. The order had discharged Rajesh Kumar’s claims and had affirmed the order of punishment under the Sections of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991. The order stated that:
- the claims as raised by Rajesh Kumar were that he was unable to submit his joining at the transferred district due to his immediate hospitalization for his serious illness. He had also submitted various medical documents on different dates throughout 1295 days. But, the learned authority had dismissed saying that it was not prudent when he was able to go to different hospitals but not once to inform the respective department of police regarding his absence in four long years.
- the Tribunal furthermore had justified the acts and directions of the Police Department and Disciplinary Authority as it was well-investigated and the procedures were in accordance with the principle of natural justice.
The Bench of Hon’ble Justices Pankaj Kumar Jaiswal and Dinesh Kumar Singh had stated that the order dated 10th October 2019 given by the learned Tribunal is just, fair and reasonable as Rajesh Kumar had not given a reasonable and cogent explanation for his prolonged and wilful absence for about four years. Accordingly, the punishment directed is also rightly upheld. Hence, the writ petition was dismissed and no case was made out to interfere with the impugned order directed by the learned Tribunal.
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