Hon’ble Dr. Devendra Kumar Arora, J.—Heard Mr Amit Bose, learned Counsel for the petitioner and learned Standing Counsel.

2. Through the present writ petition under Article 226 of the Constitution of India, the petitioner has questioned the validity of the order dated 20.2.2006 [Annexure-1 to the writ petition] whereby the petitioner has been removed from service by the Superintendent of Police, Chandauli. The petitioner has also assailed the appellate order dated 16.10.2006 passed by the Deputy Inspector General of Police, Varanasi Range, Varanasi contained in Annexure 12 to the writ petition as also the revisional order dated 3.9.2008/20.9.2008 passed by the Inspector General of Police, Varanasi Zone, Varanasi.

3. Brief facts of the case, in a narrow compass, are that while working as Constable at police-out post Tara Jeevanpur, Police Station Alinagar, District Chandauli, the petitioner proceeded on three days leave on 16.12.2001 but he did not report for duties on expiry of sanctioned leave and as such, vide order dated 6.12.2003, the Superintendent of Police, Chandauli suspended the petitioner in contemplation of departmental inquiry on the ground of unauthorized absence and the Circle Officer, Chakia, Chandauli, was appointed as Preliminary Enquiry Officer. However, the said preliminary inquiry was not conducted and the file was returned by the Circle Officer.

4. According to the petitioner, while he was on leave, on 17.12.2001, he suffered a paralytic attack on the right side of his body as a consequence whereof he was completely bed ridden and even loss locomotion. Immediately thereafter, on 18.12.2001, he was rushed to the State Unani Hospital, Musafirkhana, District Sultanpur, where he remained under treatment upto 19.12.2001 but since there was no improvement in the condition, he was taken by the members of family to State Unani Hospital, Ghazipur, where also his condition did not improve and remained precarious. After being under treatment in different doctors, he again got himself treated at State Unani Hospital, Musafirkhana, district Sultanpur, where he remained under treatment from 7.1.2003 to 20.12.2003.

5. The petitioner on regaining health after a long illness and when he regain physical movement of his body, he joined his duties on 4.4.2004. Subsequently, vide order dated 9.4.2004, the Superintendent of Police directed the Circle Officer, Chandauli, District Varanasi to conduct preliminary inquiry into the charge leveled against him for his being absent from duty w.e.f. 20.12.2001 to 3.4.2004. The Preliminary Inquiry Officer, after due inquiry, submitted its report on 4.6.2004, holding the petitioner guilty of being absent from duty and recommended the punishment of fine equivalent to one month’s salary be imposed on the petitioner and the period of his absence from duty be sanctioned as leave without pay. However, the said recommendation of the Preliminary Inquiry Officer was not accepted by the Senior Superintendent of Police, Varanasi and, therefore, vide order dated 10.6.2004, the Superintendent of Police instituted departmental proceedings under Section 14 (1) of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 and appointed the Circle Officer, Sakaldiha, District Varanasi, as the Inquiry Officer. It may be clarified that on 18.6.2004, the petitioner was reinstated in service without prejudice to the departmental inquiry to be conducted against him. It was provided that the orders with regard to the pay and allowances for the period he was under suspension would be passed later on.

6. Pursuant to the aforesaid reinstatement order, the petitioner was posted at police station Chakia, district Varanasi in the month of June, 2004. On 1.7.2004, the petitioner again suffered a second paralytic attack on the left side of his body in the Police Line, Varanasi. On 1/2.7.2004, the petitioner was relieved for joining at police station Chakia, district Varanasi in absentia. How