AJIT KUMAR
RAJENDRA UPADHYAY – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble Ajit Kumar, J.—Heard learned counsel for the parties.
2. The petitioner is aggrieved by the order of termination of his services passed by the Disciplinary Authority on 27th of September, 1990, against which, departmental appeal of the petitioner has also come to be dismissed on 1st of September, 2003 and also the order passed by the Director General of Police, Gorakhpur Zone, Uttar Pradesh dated 14th of June, 2008 dismissing his revision petition.
3. The petitioner was appointed as a Constable (Driver) in the year 1989 and while posted at the police station, Kuber Asthan, district Deoria on 5.12.1989 he proceeded on leave and returned back only on 17th of February, 1990 by making entry in the General Diary (hereinafter referred to as ‘G.D.’) at the relevant police station. There is nothing on record to establish that thereafter the petitioner continued to discharge his duties as a Government servant any further. The preliminary enquiry was conducted in the matter of his absence from duty as he had proceeding on leave without sanction from the competent authority, and ultimately, the preliminary enquiry report was submitted on 26th of February, 1990 recommending a f
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