- (1.)Aggrieved by the order of dismissal dated 11.11.1999 and the Appellate Order dated 23.1.2003 the petitioner has approached this Court.
(2.)The petitioner joined the Bihar Police as a constable on 10.5.1988. On 10.7.1997 he proceeded on leave. It is the case of the petitioner that due to flood and illness of his wife and mother he could not join his duty and thus remained absent for a period of 46 days. On 12.9.1997 the petitioner was served with charge sheet dated 5.9.1997 for remaining absent unauthorizedly for 46 days. The Charge Memo included his unauthorized absence on twelve occasions and abscondance on three occasions. An Enquiry Officer was appointed and the petitioner was given full opportunity of hearing and order of punishment dated 11.11.1999 was passed on the ground that if such indisciplined police employee continues to remain in the service it would not be in the public interest. The petitioner preferred an appeal which was dismissed by the Appellate Authority by order dated 23.1.2003 . The petitioner has approached this Court in the aforesaid facts and circumstances.
(3.)A counter-affidavit has been filed on behalf of the respondent no. 3 in which the previous conduct of the petitioner in over-staying 12 times and remaining absent from duty without permission has been detailed . It hasfurther been stated that in a service of 10 years the petitioner has been punished on four occasions with major punishments and he has also been awarded five minor punishments.