ORDER :

The appellant, a Police Constable, was dismissed from service on grounds of misconduct by order dated 19.08.2004, pursuant to a departmental proceeding. The order of dismissal was challenged unsuccessfully before the State Public Services Tribunal and the High Court.

2. Learned counsel for the appellant submits that the departmental inquiry stands vitiated as the preliminary inquiry report relied upon by the inquiry officer was not furnished to the delinquent. Dismissal after 15 years of service for mere absence from duty for 11 hours and 36 minutes is grossly disproportionate and unsustainable. The charge of intoxication has not been proved. The punishment being grossly disproportionate requires interference.

3. Despite valid service of notice, none has appeared on behalf of the respondents to contest the appeal.

4. We have considered the submissions. The appellant was appointed as a constable in 1989. He was placed under suspension on 28.03.2004. The charge memo dated 14.05.2004 stated that on 26.03.2004 while posted at C.I.R. Police Line Bijnor, on being called for duty assignment he was not available and remained absent for about 11 hours 35 minutes. He was again not availa