Sujit Narayan Prasad, J. - (1.) IN W.P.(S) No. 6092 of 2012 the petitioner has challenged the order dated 10.08.2010 passed by the Disciplinary Authority whereby the petitioner has been dismissed from service. The petitioner has also challenged the order dated 26.11.2010 passed by the appellate authority, affirming the petitioner dismissal from service and order dated 10.01.2012 passed in appeal memorial.
(2.) IT has been submitted by the learned counsel for the petitioner that the petitioner had joined his service as constable and while he was on duty he received information that his father is seriously ill. He gave an application before the appellate authority for sanction of leave but the same was not entertained and was rejected. The petitioner had no option and he proceeded to see his ailing father to his native place. The father of the petitioner ultimately died and as such he being the son remained at native place for the last rites of his father and after completing the same, the petitioner reported the duty on 01.05.2010. The petitioner was served with memorandum of charge on the ground of unauthorized absence for the period from 18.04.2010 to 01.05.2010 i.e. the period of 12 days without seeking any permission from the competent authority. It has been submitted that although in the memorandum of charge the reference of other incidents of absence has also been made.
(3.) THE petitioner after receiving the memorandum of charge submitted detailed reply before the conducting officer mentioning therein that the reason was beyond the control of the petitioner. After knowing that his father is seriously ill he however tried his best to satisfy the authority concerned for seeking leave on the ground of ailment of his father but the authority without considering the ground rejected his leave application. The information was received by the petitioner that his father was in death bed. The petitioner had no option except to proceed to the native place where his father had died. After his death he remained at native place being the son to perform last rites of his father. Immediately after conclusion of the last rites petitioner reported to office on 01.05.2010 i.e. immediately after 12 days.;