- (1.) THE petitioner has approached this Court seeking quashing of order dated 09.04.2012 terminating his service and appellate order dated 07.08.2012.
(2.) HEARD learned counsel for the parties and perused the documents on record. The petitioner was appointed on 15.07.2000 on the post of Constable. On the charge of unauthorised absence from 19.09.2011 to 28.09.2011, the petitioner was put under suspension by order dated 14.11.2011. The charge memo dated 17.11.2011 was served upon the petitioner and an inquiry was conducted into the matter. The petitioner did not participate in the departmental proceeding and therefore, exparte inquiry was conducted against the petitioner. The petitioner was dismissed from service by order dated 09.04.2012 and appellate order was passed on 07.08.2012.
(3.) A counter affidavit has been filed stating as under: 9. "That it is humbly stated and submitted that the petitioner was requested to appear and participate in departmental proceeding by sending two letters at his home address, but he did not show any interest. Further during course of departmental proceeding the petitioner was again sent a letter to submit his final explanation in defence, but he also failed and neglected to do the needful. It further appears from the record that during the course of inquiry it was also found that while the petitioner remained unauthorized absent from his duty, he had sent a letter in which he had asked for time for appearing because he was getting his treatment done at Patna. A letter was also sent to him that if he could come from Bhagalpur to Patna for treatment then why not it was possible for him to come to Dhanbad, and it appeared that this letter of his was merely an excuse. .......................................................................................... 14. That it is humbly stated and submitted that remaining unauthorized absent from his duty is a serious charge under rule 843 of police manual. It would not be out of place to submit that in all previous occasions, the petitioner was punished for his misconducts of remaining unauthorized absent from the duty." ;