CHANDRAKANT CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order contained in Memo No. 113, dated 5.7.1999 (Annexure 12) passed by the Superintendent of Police, Bihar Military Police Training Institute, Padma, Hazaribagh dismissing the petitioner from service in a departmental proceeding initiated against him for overstaying leave by 120 days also the order dated 8.6.2000 (Annexure 13) passed by respondent No. 6 (Deputy Inspector General of Police, Training -cum -Principal, Police Training College, Hazaribagh) in appeal by which the appellate authority confirmed the said order.

(2.) THE case against the petitioner in short is that he was granted leave for a week from 29.4.1998. He was to report for duty on 7.5.1998. Several registered letters were sent to him but inspite of that, he did not report for duty. On 4.9.1998 he reported and took a plea that he was suffering from jaundice, but the medical papers were not satisfactory and he did not comply with the rules in this regard if he was ill.

(3.) IN the departmental proceeding, the charges were proved. I am not inclined to interfere with the finding of guilt recorded against the petitioner which is based on relevant materials and was affirmed in appeal. However, keeping in view that on 5.6.1998, 7.7.1998 and 6.6.1998, the police doctor of Laheriasarai Hospital advised the petitioner to take rest for a month, in my opinion, the order of punishment is harsh and requires reconsideration.