MANGAL SINGH MARKAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved by the order of dismissal from service vide order Annexure P/1 dated 23.06.2009 and the departmental appeal and the mercy appeal, both of which stood rejected vide orders Annexure P/2 and P/3, dated 31.12.2009 and 05.03.2011 respectively, the present writ petition has been filed.

(2.) The brief facts of the case is that, the petitioner was appointed as a Constable on 27.08.1991. The petitioner continued to work on the said post till 28.05.2011. Thereafter, the petitioner abruptly went on leave with effect from 28.11.2005 and continued to remain unauthorisedly absent from duty for a considerable period of time. For this act of misconduct of remaining unauthorisedly absent from duty, the petitioner was served with a charge sheet on 30.10.2008. The petitioner did not give any reply to the said charge sheet. Subsequently, a departmental enquiry was conducted and enquiry officer was also appointed.

(3.) During the course of enquiry, in spite of specific notice to the petitioner, he did not care to attend the enquiry nor was he represented by any person before the enquiry officer and the enquiry officer was left with no other option but to proceed ex parte against the petitioner and submitted his enquiry report before the disciplinary authority. The Superintendent of Police who vide Annexure P/1, the impugned order, dated 23.06.2009 imposed the punishment of dismissal from service. The departmental appeal preferred by the petitioner also stood rejected vide order dated 31.12.09 and later on, the mercy appeal preferred by the petitioner also stood rejected vide order dated 05.03.2011 leading to the filing of the present writ petition.