- (1.) HEARD counsel for the parties.
(2.) CHALLENGING the order dated 5.10.2004 (Annexure -1) whereby the petitioner was dismissed from service and also challenging the appellate order dated 6.3.2007 (Annexure -C to the counter affidavit of the respondents) whereby the petitioner's appeal against the impugned order of his dismissal from service was rejected, the petitioner has filed the present application praying for quashing the aforesaid orders and also for a direction upon the respondents to reinstate him in service. The admitted facts of the petitioner's case are as follows: '' Petitioner was appointed in the post of Constable on 1.1.1987 under the erstwhile State of Bihar. During his posting in the district of Chatra, he had fallen ill and could not resume his duties and consequently, he was served with a letter on 22.9.2004 seeking his explanation as to why action should not be taken against him for his absence from duty without sanction of leave. The petitioner was thereafter informed that a departmental proceeding is contemplated against him on a proposed charge that he had absconded from his duty without sanction of leave. The petitioner's specific contention is that no memorandum of charge whatsoever was ever served upon him and neither was he informed about the initiation of the departmental proceeding and yet, such proceeding is claimed to have been not only initiated but concluded in absence of the petitioner and a finding has also been recorded by the officer conducting enquiry, holding that the charges against the petitioner is proved. The petitioner was subsequently informed by the impugned order of his dismissal, passed by the disciplinary authority that on the basis of the findings of the enquiry officer, the petitioner was found guilty of misconduct and therefore he was punished with dismissal from service.
(3.) ;