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2003 Supreme(All) 1193

A.K.YOG, UMESHWAR PANDEY
RAJ NET CHAUHAN – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
D.N.SHUKLA,

A. K. YOG, J.

The petitioner, who was working as constable in U. P. Police Department, challenges the orders dated 13-7-1994, 24-11-1994 and 26-8-1997 (Annexures 4, 5, & 8 to the writ petition) under Article 226 of the Constitution of India and prays for issuance of writ in the nature of certiorari to quash the same. He also

seeks, through this petition, a direction in the nature of mandamus commanding the respondents to reinstate, him in service on his original post of constable in the Department.

2. The facts narrated in the present petition are that while working as a constable at Police Station Holagarh, District Allahabad on 1-6-1992 when the petitioner applied for two days casual leave with effect from 3-6-1992 the same was granted. But inspite of the fact that he was posted on duty of santari at the Police Station on 2-6-1992 he absented without obtaining any leave or permission from the Station Officer concerned. Thereafter, he was arrested by the police of Tarwa Police Station District Azamagarh in a case of murder, which was registered at Crime No. 64 of 1992. He was sent to lockup as a named accused in the aforesaid case and could report to his duty only on 2-7-1992 afte
















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