Anupinder Singh Grewal, J. - (1.) THIS intra court appeal is directed against the order of learned Single Bench dated 21st January 2005 whereby the writ petition preferred by the appellant against order of termination dated 05th April 1996 was dismissed.
(2.) THE appellant -petitioner who was working as Constable with the Rajasthan Police is alleged to have absented from duty without leave from 14.01.1994 to 30.11.1994. Disciplinary proceedings were initiated and after report of the Inquiry Officer wherein the charges were found proved against the appellant, he was dismissed from service vide order dated 05th April 1996. The learned counsel for the appellant has contended that the appellant was unwell during the period of absence and the medical certificates which he produced were erroneously overlooked while passing the impugned order. It is further contended that the charge of absence from duty without leave against the appellant is not such a charge which would warrant dismissal from service. He relied on judgment of Hon'ble Supreme in the case of Krushnakant B. Parmar v. Union of India and another : (2012) 3 SCC 178 in support of his submissions.
(3.) ON the contrary, learned counsel for the respondents contended that the appellant being member of disciplined force like Rajasthan Police had absented for a period of over 10 months and hence, only punishment appropriate in this case would be dismissal from service.;