- (1.) The appellant, a Police Constable, was dismissed from service on grounds of misconduct by order dated 19.08.2004, pursuant to a departmental proceeding. The order of dismissal was challenged unsuccessfully before the State Public Services Tribunal and the High Court.
(2.) Learned counsel for the appellant submits that the departmental inquiry stands vitiated as the preliminary inquiry report relied upon by the inquiry officer was not furnished to the delinquent. Dismissal after 15 years of service for mere absence from duty for 11 hours and 36 minutes is grossly disproportionate and unsustainable. The charge of intoxication has not been proved. The punishment being grossly disproportionate requires interference.
(3.) Despite valid service of notice, none has appeared on behalf of the respondents to contest the appeal.;