JUDGMENT

P. Sathasivam, J. —

1) Leave granted.

2) This appeal is directed against the final judgment and order dated 29.06.2009 passed by the High Court of Judicature at Allahabad in Special Appeal No. 614 of 2009 whereby the Division Bench of the High Court dismissed the special appeal preferred by the appellants herein.

3) Brief facts:

(a) The respondent was appointed as Police Constable at Police Lines, Aligarh vide order dated 01.02.1978. On 19.10.2001, the respondent had gone for some official work and left the Police Station, Sikandarpur Vaishya and thereafter came back on his duty on 28.01.2002 after 101 days. After initiation of departmental proceedings, the Disciplinary Authority issued notices to the respondent on various dates for seeking explanation for his unauthorized absence from duty. On 23.03.2002, the Deputy Superintendent of Police (in short “the DSP”) issued charge sheet against the respondent by leveling charges and directed him to submit the reply by 01.04.2002. As the respondent did not reply to the notice, the DSP issued another notice to the respondent on 04.04.2002. After giving several opportunities to the respondent, the Disciplinary Authority fixed the