Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioner has approached this Court assailing the legality and validity of the order (Annex. 5) dated 14.11.2008, order (Annex. 6) dated 17.1.2011 and the order (Annex. 7) dated 15.12.2011.
(2.) THE petitioner was inducted in service as a Constable in the Police Department on 24.3.1998. He claims to have suddenly fallen ill on 4.8.2007 and supposedly, had to remain on bed rest for a long period of time on medical advice. A charge -sheet dated 13.3.2008 under Rule 16 of the CCA Rules was issued to the petitioner with the allegations of remaining unauthorisedly absent from duty from 4.8.2007 onwards. The SHO Police Station Sadar was appointed as inquiry officer to conduct the departmental inquiry against the petitioner. Memorandum of allegations and articles of charges were forwarded to the petitioner. The petitioner further claims that he did not receive the charge -sheet as he was bedridden and therefore, he could not appear before the inquiry officer, who directed ex -parte proceedings in the matter. After concluding the inquiry, the inquiry officer submitted his report dated 13.10.2008 to the disciplinary authority finding that the petitioner remained unauthorisedly absent from duty on 22 occasions and was continuously unauthorisedly absent for 224 days preceding the charge -sheet and the charges were found proved against the petitioner. The petitioner's disciplinary authority being the Superintendent of Police, Bikaner issued a show cause notice dated 14.10.2008 to the petitioner under Article 311 of the Constitution of India giving him liberty to submit a representation in the matter. The petitioner was intimated that in case, he failed to reply to the notice, an ex parte decision would be taken against him. The petitioner submitted an explanation mentioning therein that he had proceeded on leave on 25.9.2006 and during his leave period, he fell down from the stairs and got injured. It was also stated in the explanation that the petitioner would join duties as soon as he recovered. The disciplinary authority thereafter being dissatisfied with the petitioner's explanation, passed the order (Annex. 5) dated 14.11.2008, holding the petitioner guilty of the charges and terminated him from service. Being aggrieved of the above termination order, the petitioner preferred an appeal to the appellate authority being the Inspector General of Police, Bikaner Range, Bikaner. The appellate authority found that the ground raised by the petitioner regarding his alleged ailment (fracture in the spinal cord) was absolutely frivolous, inasmuch as, no supporting document was submitted by the petitioner to substantiate the said assertion. Be that as it may, the appeal preferred by the petitioner was rejected by the appellate authority by its order (Annex. 6) dated 17.1.2011. Being aggrieved by the rejection of the appeal, the petitioner submitted a review application to the Governor, which was dismissed by order (Annex. 7) dated 15.12.2011.
(3.) FOUR years after the dismissal of the review application, the petitioner approached this Court by way of the instant writ petition assailing the orders passed by the disciplinary authority, appellate authority as well as the reviewing authority.;