- (1.) In W.P.(S) No. 6092 of 2012 the petitioner has challenged the order dated 10-8-2010 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's dismissal from service and order dated 10-1-2012 passed in appeal memorial.
(2.) It has been submitted by the learned counsel for the petitioner that the petitioner had joind 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 1-5-2010.
(3.) The petitioner was served with memorandum of charge on the ground of unauthorized absence for period from 18-4-2010 to 1-5-2010 i.e. the period of 12 days without seeking any permission from the competent authority. It has been submitted that although in the memoradum of charge the reference of other incidents of absence has also been made.;