DIWAN FIROJ KHAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order dated 15.09.2011 passed in CWJC no. 6497 of 2010, whereby the writ petition filed by the appellant challenging the order of his dismissal vide order dated 22nd Nov., 2006, has not been interfered with.

(2.) The appellant while working as Constable in Bihar Military Police abstained from duty for 340 days. After completion of disciplinary proceeding, the order of dismissal from service of the appellant was passed by the Commandant, BMP-X, Jamalpur, on 22nd Nov., 2006. The appeal against the said dismissal of service was also rejected on 29th May, 2009. It was thereafter the appellant invoked the writ jurisdiction of this Court.

(3.) The learned Single Judge dismissed the writ petition holding that there is no procedural irregularity in the conduct of the disciplinary proceeding. The appellant has not cross-examined the witnesses and consequently the order of dismissal was not found to be suffering from any infirmity.