NAVRATAN MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED counsel Mr. Gaur for the appellant/petitioner submitted that the appellant belonging to Scheduled Caste is done great injustice by way of termination from service for merely remaining absent from duty without leave, therefore, the impugned order of termination be quashed and set aside.

(2.) IT is true that the services of the appellant were terminated on the ground of remaining absent from duty without leave for 162 days. If he was in the other department, then there would have been a different consideration but the appellant was in police department which is a disciplined force where such a long absence of 162 days from duty without any leave should be viewed as a serious mis-conduct for which no other order except the order of termination could be passed.

(3.) CONSIDERING the mis-conduct of the petitioner, if the authority has thought it fit to determine his services, then this Court cannot sit in appeal over that judgment and in our considered opinion, the learned Single Judge has also rightly dismissed the writ petition relying upon various Supreme Court judgments referred to by his Lordships in his order. We fully agree with the reasons assigned by the learned Single Judge in his judgment for dismissing the writ petition.