S.J. Mukhopadhaya, J. - (1.) THIS appeal has been preferred by the appellant, Baban Singh, against the order dated 12 July, 2005, passed by the learned Single Judge in W.P.(S) No. 3220 of 2005, whereby and whereunder, the writ petition, preferred by the appellant against the order of dismissal, has been dismissed.
(2.) BRIEF facts of the case are that the appellant while posted as Constable in the Sadar Court, Dhanbad, absconded since 1st November, 2000. A departmental proceeding was initiated and charge -sheet was issued vide Memo No. 4839 dated 24 November, 2000. It was alleged that the appellant is absconding since 18 November, 2000 without prior permission, which has become the habit of the appellant, effect of which also falls on the other police personnel. Such absconding from duty without notice and leave was alleged to be misconduct, insubordination, dereliction of duty, irresponsibility and unbecoming of a police personnel. Letter No. 37/2000 issued by the Incharge, Sadar Court, was cited as Ext.1 and one Kapildeo Singh, Assistant Sub Inspector, Sadar Court, Hajat Incharge, Dhanbad, was cited as Prosecution Witness No. 1. The appellant was put under suspension and was asked to submit show cause reply. It appears that the appellant neither submitted show cause reply nor took part in the departmental proceeding and the enquiry officer submitted exparte enquiry report dated 8 June, 2001, holding the appellant guilty of the charges. A show cause notice was issued to the appellant vide Memo No. 4294 dated 28 July, 2001 by the Superintendent of Police, Dhanbad, followed by another show cause notice, issued by him on 9 May, 200, whereby, the appellant was asked as to why he be not dismissed from service, having been found guilty in the departmental proceeding.
(3.) ACCORDING to the appellant, he replied to the show cause notice and pointed out that no notice was issued to him, informing (sic) date of enquiry; the enquiry was held exparte and he was (sic) from duty because of pain in the stomach and having been (sic) by the doctor. After considering the show cause reply and taking into consideration the enquiry report and past records of service and the fact that the appellant remained absconder for about eleven times and rejoined the duties much beyond, the period of leave, dismissed him from service by the impugned order dated 27 July, 2003. The appeal preferred by the appellant against the order of dismissal was rejected by the Deputy Inspector General of Police, Coal Area, Bokaro by order dated 13 March, 2004. The learned Single Judge by the impugned order dated 12 July, 2005 having noticed that number of time the departmental proceedings for unauthorized absence from duty having been initiated and punishment having been imposed on the appellant for about seventeen time during his service career, held the punishment of dismissal proportionate to the charges and thereby, dismissed the writ petition.;