- (1.) Heard Mr. Saurav Arun, learned counsel for the appellant and Mr. D.K. Dubey, learned Sr. S.C. I, appearing for the respondents.
(2.) The present Letters Patent Appeal has been preferred against the judgment dated 12.12.2014 passed in W.P.(S.) No. 1184 of 2011 whereby and where under the writ petition filed by the present appellant, challenging the order of dismissal from service being memo no. 56 dated 24.01.2009 and also appellate order dated 03.07.2010 by which the order of dismissal has been confirmed holding that since there is concurrent finding of misconduct against the petitioner, this Court sitting under Article 226 of the Constitution of India cannot reappraise the evidence.
(3.) The facts of the case is that the present appellant has been appointed as Constable bearing constable no. 1032 under the Jharkhand Armed Police (JAP-1) and at the time of issuance of impugned order the appellant was posted and working at Jhumra Hill, Bokaro JAP-1. He proceeded on sanctioned leave from 17.06.2008 to 07.07.2008, but even after lapse of sanctioned leave he did not join duty in spite of several letters issued to him for his joining, hence, he was put under suspension on 13.08.2008 in contemplation of departmental proceeding. However, he could not participate in the departmental proceeding and ultimately he has been dismissed from service vide order dated 24.01.2009 against which the appellant preferred an appeal before the appellate authority on 29.06.2009, but, the same has also been rejected by order dated 03.07.2010.;