BIKRAM CHAUDHARY Vs. STATE OF BIHAR & ORS.

JUDGEMENT

(1.) Heard the parties.

(2.) This writ application under Article 226 of the Constitution of India has been filed for setting aside the order dated 23.02.2003 passed by Deputy Inspector General of Police, Saran at Chapra by which order of forfeiture of increment earned during service period and allowing petitioner to continue in service at the basic pay scale has been passed by the Disciplinary Authority as well as order dated 30.06.2004 passed by the I.G. Police, Muzaffarpur dismissing the appeal of petitioner.

(3.) Briefly stated, the facts of the case is that petitioner was proceeded departmentally for remaining unauthorised absent from 25.06.2001. According to Town P.S. station diary dated 25.06.2001, petitioner proceeded to appear before the court of learned Judicial Magistrate, 1st Class, Vaishali, for his evidence in G.R. No. 1952/67 and whereafter he absconded and his whereabouts were not known to Town P.S. Chapra. He thereafter did not return. He did not return his service revolver and 35 live cartridges and remained unauthorised absence for a long period which also adversely affected the cases which were investigated by him. He was put under suspension on 04.01.2002.