SHEIKH MASALAUDDIN Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) Delay of 11 days is condoned. I.A. No. 8744 of 2016 is allowed. Matter is thereafter taken up on merits. The appeal has been preferred against the order dated 17.08.2016.

(2.) The present appellant came to be dismissed from service. The dismissal order was necessitated because it was a self-inflicted injury. In 32 years of so-called service, the appellant went missing for long periods without sanction or authorization of the superior authorities 41 times. The indulgence and magnanimity shown to the appellant from time to time only emboldened him to continue with his conduct and behaviour. Obviously, the heart of the petitioner did not lie in serving a disciplined force, but his commitment was somewhere else. Indulgence was given by the authorities but that was taken as a right for continued aberration which obviously is a reflection on the indiscipline which the appellant was indulging in.

(3.) Since the appellant belong to the police force any further indulgence would have been detrimental to the discipline of the force and that no clear explanation coming for such repeated aberration, the order of dismissal cannot be said to be shocking to the conscience which requires any interference or reward the appellant by directing the respondents to convert the order of dismissal into compulsory retirement so that he can enjoy his post retirement without serving the department honestly and faithfully.