DAYANAND SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior Counsel for the petitioner. None appears on behalf of the State.

(2.) The writ petition has been filed challenging the petitioner's dismissal from service as Havaldar in Bihar Military Police 06 (for brevity, BMP 06) , Muzaffarpur under order dated 19.08.2005 bearing Memo No 3962 affirming the order dated 20.08.1996 issued under Memo No 1825 by respondent No 4, Deputy Inspector General of Police (for brevity, DIG) , BMP, North Division, Muzaffarpur. The petitioner has been proceeded against for absence from duty between 16.09.1993 to 30.10.1993 (45 days) and from 07.05.1994 to 15.11.1994 (190 days) .

(3.) It is submitted by the learned Senior Counsel for the petitioner that though the absence is admitted but since the petitioner was suffering from mental ailment, therefore, he was prevented from joining his duty during the said period. It is further submitted that since the issue has been decided up to the level of Director General of Police (for brevity, DGP) , who has rejected the Memorial under order dated 19.08.2005 bearing Memo No 3962, he may be allowed one more opportunity of placing before the said authority that is respondent No 2 the documents showing that the petitioner was under treatment during the said period for which he has been proceeded against.