AMARESHWAR SAHAY, J. - (1.) THE original writ petitioner is dead and therefore, his heirs i.e. wife and three minor children have been substituted in his place.
(2.) THE prayer in this writ application is for quashing of the order of dismissal passed by the Senior S.P. Ranchi in Departmental Proceeding No. 9/87 as well as the order dated 6.7.1991 passed by the D.I.G. of Police, South Chotonagpur, Range, Ranchi confirming the order of Senior S.P., Ranchi. The fact of the matter in short is that the original writ petitioner, namely, Nicholson Peter, who was a constable in Bihar Police, had gone on casual leave for 20 days from 1.8.1983. He had to report on duty on 20.8.1983 but he absented unauthorisedly till 27.8.1986 without any information. Consequent there to, a departmental proceeding was initiated against him which was decided ex parte, finding the petitioner guilty. Thereafter, show cause notice was issued to him by Senior S.P. to which the petitioner submitted his show cause and stated therein that since he became mentally sick and was under treatment of Doctor for about three years because of sudden death of his mother, therefore, he could not attend his duty. However, Senior S.P. was not satisfied with the cause shown by him and therefore, he passed an order of dismissal from service.
(3.) THE petitioner, thereafter, filed an appeal before the DIG South Chotonagpur, Ranchi who by his order dated 7.3.1996 as contained in Annexure 2 to the writ application dismissed the appeal and maintained the order of Senior SP Ranchi dismissing the petitioner from service.;