JUDGMENT :

Om Prakash Shukla, J.

A. INTRODUCTION

1. This writ petition has been filed by the State authorities, questioning the judgment and order dated 09.03.2021 passed by the State Public Services Tribunal, Lucknow (hereinafter referred to as “Tribunal”), whereby Claim Petition No. 701 of 2018 preferred by the claimant/respondent no.1 was allowed by quashing the order of dismissal dated 21.09.2001 as well as appellate order dated 21.03.2018 and further the learned Tribunal directed the petitioners/State authorities to grant the following relief to the respondent No.1:-

I. the claimant/respondent no.1 shall be reinstated in service with immediate effect;

II. since claimant/respondent no.1, in para-6 of his explanation, had mentioned that he got medical treatment from Government Hospital w.e.f. 12.09.2000 to 19.09.2000, therefore, the competent authority, on the basis of medical documents furnished by the claimant/respondent no.1, shall pass speaking and reasoned order in case medical leave for the aforesaid period shall be granted to claimant/respondent no.1;

III. the claimant/respondent no.1 has not worked w.e.f. 22.11.2000 to 20.09.2001 and w.e.f. 21.09.2001 till 09.03.2021 (the date when the Tribunal passed the order), therefore, the claimant/respondent no.1 would not be entitled to get salary and allowances for the aforesaid period on the principle of ‘No Work No Pay’, however, the aforesaid period shall be reckoned as regular services of the claimant/respondent No.1 for the purposes of pension only; and

IV. the whole direction shall be complied with within three months from the date of receipt of a certified copy of this order”

B. FACTUAL MATRIX

2. The records of the present writ reveal that the respondent no.1-Krishna Gopal, while posted as Lansk Nayak (Constable No. 53557) in ‘B’ Company, 45th Battalion, P.A.C., Aligarh, unauthorizedly absented himself from 12.09.2000 at 20 hours to 19.09.2000 at 11:30 hours. As he was absent from duties for 7 days 11 hours and 30 minutes without permission. Further on 19.11.2000, he was granted leave for two days, however, even after expiry of leave of two days, he did not report back for duties. Thus, a preliminary inquiry was instituted against him, wherein the Assistant Commandant-II, 45th Battalion P.A.C., Aligarh, after conducting the preliminary enquiry, recommended for initiating regular disciplinary proceedings under Rule 14 (1) of the Uttar Pradesh Police Officers of Sub-ordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as ‘Rules, 1991’) against the respondent no.1 vide report dated 01.04.2001. Thereafter, final disciplinary proceedings against the respondent no.1 was instituted and the Deputy Commandant, 45th Battalion, P.A.C., Aligarh was assigned the duty to conduct the disciplinary proceedings in the matter against the respondent no.1.

3. Resultantly, a charge-sheet dated 05.07.2001 was issued to the respondent No.1, levelling charges of his unauthorized absence from duty during the period from (i) 12.09.2000 to 19.09.2000 and (ii) with effect from 22.11.2019 to onward.

4. According to the petitioners, when special messenger went to serve the aforesaid charge-sheet to respondent no.1, he was not found in his house and his father refused to receive the same and as such, on 07.07.2001, the aforesaid charge-sheet was pasted outside the house of the respondent no.1 in the presence of two witnesses, namely, Shiv Ram Singh and Kailash Babu. Thereafter, the aforesaid charge-sheet dated 05.07.2001 was also sent through registered post on 10.07.2001 but even then, the respondent no.1 had neither reported to the Enquiry Officer nor submitted any his reply to the charge-sheet dated 05.07.2001. In this background, the Enquiry Officer had proceeded ex parte against the respondent no.1. Thereafter, the Enquiry Officer, after adopting due process, conducted the enquiry and submitted its report dated 18.08.2001 to the Disciplinary Authority, recommending that (i) the resp