DEONANDAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant as well as learned AC to AAG-3 appearing for the respondents.

(2.) The appellant is aggrieved by the judgment dated 05.09.2018 passed by learned Single Judge in CWJC No. 19201 of 2012 by which and whereunder the learned Single Judge dismissed the above stated writ petition declining to interfere into the Annexure-2 contained in writ petition (issued by the Senior Superintendent of Police, Patna) by which and whereunder the Senior Superintendent of Police, Patna having exercised the power under Article 311(2)(b) of the Constitution of India dismissed the appellant from the service.

(3.) Brief facts of the case is that the appellant was appointed as Constable in the year 1974 and served his department near about for 33 years and in the year 2006, he was transferred from Patna to Samastipur vide office order no. 11219/2006. The appellant did not join at district Samastipur nor appeared before the concerned authority to take the transfer order. The appellant absented himself for near about one and half years and between the aforesaid period, several orders were sent to him and a notice was also published in daily newspaper but in spite of all the efforts taken by the department, the appellant did not turn up. Thereafter, the competent authority having exercised the power under Article 311(2)(b) of the Constitution of India passed the dismissal order without initiating any departmental proceeding against the appellant. Subsequently, the appellant after passing dismissal order appeared before the competent authority and tendered his joining but the same was refused by the competent authority on the ground that he had already been dismissed from the service. The appellant approached this court by filing CWJC No. 19201 of 2012 praying therein to quash the order of dismissal but the learned Single Judge dismissed the above stated writ petition passing the impugned judgment dated 05.09.2018 against which the appellant has approached this appellate court.