NAHUN ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard. Petitioner has approached this Court with a prayer for quashing the letter no. 02/D-6/1/43/ 2012, dtd. 4/1/2013, issued vide Memo No. 02/D, by Inspector General of Police (Training), Jharkhand, Ranchi; the order of dismissal passed by the Deputy Inspector General of Police, South Chhotanagpur Area, Ranchi, issued vide memo no. 993, dtd. 17/3/2012 as also the order of dismissal of petitioner from service, vide Ranchi District Order No. 5156 of 2008, passed by the Superintendent of Police, Ranchi issued vide memo no. 3877, dtd. 7/11/2008/25/10/2008. Petitioner has further prayed for a direction upon the respondents to allow him to join services with all consequential benefits.

(2.) As per factual matrix, petitioner was appointed as a constable in the erstwhile state of Bihar on 15/10/1999. After his appointment, petitioner was discharging his duties efficiently and to the satisfaction of the superior authorities. It is case of the petitioner that in the year 2002, seven days' compensatory leave was sanctioned to the petitioner and after expiry of the said period, he gave his joining. Petitioner remained absent from 31/3/2005 up to 5/6/2005 and thereafter joined the services on 6/6/2005. Thereafter, for the charges of gross negligence towards his duties and for unauthorized absence, petitioner was proceeded departmentally in Departmental Proceeding No. 91 of 2006.

(3.) It is specific case of the petitioner that unauthorized absence was neither intentional nor deliberate rather in compelling circumstances as he was mentally ill and was undergoing treatment and it was only after recovery, he presented himself before the authorities by preferring an Appeal, which was not considered and he was dismissed from the service mechanically on the ground of limitation. Aggrieved by the orders of the superior authorities, petitioner has been constrained to knock door of this Court.