(1.) The appellant filed a suit for declaration that order dated 14.7.1994 dismissing him from service and the appellate order dtd. 26.5.1995, were void.
(2.) Case of the appellant is that he joined as Constable in police force on 6.11.1989. On 26.11.1993, he went on leave only for a day but on his failing to report for duty, he was marked absent on 28.11.1993 and thereafter he did not report for duty till 6.1.1994. A charge-sheet was given to him and after enquiry, order of dismissal dtd. 14.7.1994 was passed, which is as under :-
(3.) The suit was contested on the plea that the plaintiff was absent for 38 days 24 hours and 30 minutes and in view of his wilful absence, order of dismissal was justified as this amounted to gravest act of misconduct proving his incorrigibility and complete unfitness for police service.
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