SYED IQBAL HAIDER GILANI, S/O LATE ALI HAIDER, R/O VILL GILANI, P.S. ASTHANA, DISTT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present intra-court appeal has been filed against the judgment and order dated 07.09.2010, passed in C.W.J.C. No. 6862 of 1997 (Syed Iqbal Haider Gilani Vs. The State of Bihar and others) whereby the writ petition was dismissed. The writ petitioner-appellant had challenged his dismissal from police service.

(2.) We have heard learned counsel for the appellant and counsel for the State as also perused the records.

(3.) The petitioner had joined police service as a literate constable in the year 1973. It appears that in 1982 he was taken ill and allegedly he sought leave but was not granted the same. In spite of this he left the station and came home. Not only this he remained at home for over a period of two months. He alleges that he came back and was asked to join but when he went to the place assigned, it is alleged that he was not allowed to join. Ultimately, he came to know that he had been put under suspension and departmental proceeding has been initiated against him. The charge against him was under two heads. Firstly, that in 1982 he had absconded from duty without permission and secondly that even when he was asked to join at a different place he did not join and was absconding even till the time the departmental proceedings were initiated. In the charge-sheet itself it is stated that even earlier he was in habit of absconding for which he had earlier been punished as well. The departmental proceedings having been concluded he was dismissed. He challenged this in a writ petition before this Court and on technical grounds the matter was remanded for fresh consideration. Again, the matter was heard and order of dismissal was passed. Statutory appeal resulted in affirmance of order of dismissal and the memorial to D.G.P. did not yield any favourable result. Hence, the writ petition, which was also dismissed.