MITHILESH KUMAR OJHA Vs. THE STATE OF BIHAR THROUGH INSPECTOR GENERAL OF POLICE, THE DIVISIONAL INSPECTOR GENERAL, W.C. RANGE, THE SUPERINTENDENT OF POLICE, GIRIDIH AND SRI S.B. ROY

JUDGEMENT

(1.) ASSAILING the penalty order dated 30.11.1987 discharging the petitioner from service, the appellate order dated 28.05.1993 and the memorial order dated 26.12.1994, the petitioner has approached this Court by filing the present writ petition. The brief facts of the case are that, the petitioner was appointed on the post of Matriculate Constable on 21.07.1976 and he proceeded for 10 days' leave on 12.09.1983. The petitioner was to report for duty on 24.09.1983 however, he could not report for duty and therefore, a departmental proceeding was initiated against the petitioner in which, inspite of notices to him he did not appear and therefore, an ex -parte enquiry was conducted. By order dated 23.11.1984, the petitioner was discharged from service. The petitioner preferred an appeal and the order of discharge dated 23.11.1984 was set aside by the appellate authority by order dated 21.01.1987 directing the disciplinary authority to give a fresh second show -cause notice to the petitioner and after taking into consideration his defence, pass a fresh order. Pursuant to order dated 21.01.1987, a second show -cause was issued to the petitioner, to which the petitioner replied and thereafter, the order of discharge dated 30.11.1987 has been passed. On appeal, the said order was affirmed by the appellate authority and the memorial filed by the petitioner has also been rejected.

(2.) A counter -affidavit has been filed stating as under,

(3.) ON 23.08.2013, on a contention raised by the learned counsel appearing for the petitioner, the respondents were directed to produce the enquiry report however, an affidavit has been filed by the respondents stating that the matter relates to 1984 and according to the Rules, the record of a case is preserved only for ten years and the record of the present case is not available.