- (1.) : This appeal has been filed by the appellant -Mundrika Prasad Singh against the order dated 31.10.2007 passed by the learned Single Judge in W.P.(S) No. 1885 of 2007 by which the writ petition filed by the petitioner, challenging his dismissal from service in the year 1983, was not entertained and consequently the writ petition was dismissed.
(2.) THE admitted case of the parties is that the petitioner -appellant was discharging his duties as Havildar in the Railway Protection Force and was posted under South Eastern Railway Administration in Chakradharpur Division. During the employment, the petitioner -appellant remained absent from duty for a period of ten months for which a proceeding was initiated against him for his unauthorized absence. According to the respondents, notice in regard to the enquiry was duly served on him. However, the appellant -delinquent did not respond to the show cause and hence by virtue of an ex parte enquiry, the charge of unauthorized absence from duty was held to have been established. Consequently an order of his removal from service was passed in the year 1983. The petitioner -appellant challenged the order of his dismissal for the first time in the year 2007 by filing a writ petition, wherein it was contended that the petitioner was suffering from mental depression and was undergoing treatment in Mental Hospital at Kanke -Ranchi. It was also stated that he had preferred an appeal against the order of his dismissal before the competent authority which was not decided and when no order was passed on his appeal, he finally filed the writ petition before the Single Bench after he recovered from his mental illness.
(3.) HOWEVER , the writ petition was dismissed by the learned Single Judge by order dated 31.10.2007 and hence this appeal.;