JUDGMENT

S.G. Mehare, J. - Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

2. Petitioner/delinquent has impugned the order of dismissing his Original application No. 52/2011 dated 08.02.2013 by the Maharashtra administrative Tribunal at aurangabad.

3. The brief facts of the case are that,

The delinquent was a police constable appointed on 18.08.1996 at Jalna. He then was transferred to Manwat Police Station in the Parbhani district. However, he did not join. It is alleged against him that he was absent from his duties unauthorizedly from 06.11.2004. He claimed that he was not feeling well. Hence, he proceeded on sick leave from 14.12.2004. He had submitted an appropriate application for sick leave; however, respondent no 4 served a suspension order to him on 14.02.2005. Thereafter, on 01.08.2005, the copies of the article of charges, the statement of the imputations of misconduct, the list of witnesses and documents were served on him. The charges against the petitioner were that, from 06.11.2004, he was on unauthorized sick leave; even after repeated intimations to join, he deliberately did not join on duties. He also did not join at the place of his