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2014 Supreme(All) 1762

B.AMIT STHALEKAR
MADHAV PRASAD SHARMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.N. Tripathi and Ekta Kaur for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—This writ petition has come up before this Court upon remission from the Supreme Court in terms of its judgement and order dated 10.1.2011.

2. Briefly stated the facts of the case are that the petitioner was appointed as Constable in the Civil Police, Aligarh on 1.2.1978. At the time of the incident which is relevant for the purposes of the case he was posted in the Police Station Sikandarpur Vaishya. On 19.10.2001 he is stated to have gone on his official duty to the office of the Circle Officer, City Office, Agra but he fell ill and instead went to his house. According to him he informed the respondents about his illness by U.P.C. dated 25.10.2001 alongwith an application requesting that medical leave be sanctioned to him. He is stated to have recovered his health and thereafter reported for joining his duties on 28.1.2002 alongwith medical certificate as well as fitness certificate and medical prescriptions and receipts of the medical stores. Treating this period from 19.10.2001 to 28.1.2002 as unauthorized absence from service, the petitioner was issued a charge-sheet on 23.3.2002. He submitted his reply to the charge-sheet on 2.9.2002 deny











































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