D.G.R. Patnaik, J. - (1.) BY Court Heard counsel for the parties.
(2.) THE petitioner in this writ application, has prayed for issuance of a writ of certiorari for quashing the office order dated 21.3.2003 (Annexure -11), issued under the signature of the Deputy Inspector General of Police, Koyala Range, Bokaro (Respondent No. 6) whereby the petitioner has been dismissed from service with immediate effect, with a further observation that no salary will be paid to him during the period of his absence from duty without leave/for absconding period. The petitioner was holding the post of ASI of Police in the district of Dhanbad. By order of transfer dated 1.9.1997, he was required to join in the district of Darbhanga. However, the order of transfer was stayed till 30.5.1998 on the petitioner's representation. Yet, despite lapse of the period of stay, the petitioner did not proceed to join his transferred place of posting. On the other hand, he remained continuously absent from duty till 13.2.2001 on which date, he submitted his joining report at the Police Headquarters at Dhanbad along with a medical certificate suggesting that he was suffering from some serious ailment for long and was confined to bed. His joining was though accepted on 13.02.2001, but it appears from the admitted facts, the petitioner did not report for duty on and from the next duty i.e. from 14.02.2001.
(3.) IT appears that on account of his long absence, and after having issued show -cause notice to the petitioner, by the order of his superior officer, he was put under suspension. A notice of suspension with a corresponding notice in contemplation of departmental proceeding, was issued to him, but he did not respond. However, he voluntarily appeared before the Superior Officer on 25.7.2001 and demanded service of charge sheet pertaining to the departmental proceeding. The charge sheet was duly served upon him and he prayed for time to enable him to file his explanation to the charges. It appears that despite time being granted to him, he neither filed any show -cause replies, nor bothered to appear in the departmental proceeding at all.;