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2007 Supreme(Pat) 1790

J.N.SINGH
Jitendra Kumar Rajak – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the parties.

2. This writ application has been filed by the petitioner for quashing of the order of his dismissal from service passed by the Commandant (Annexure-4), as well as the order of the D.I.G. of Police dismissing his appeal (Annexure-5) and the order of the D.G. of Police rejecting the memorial appeal of the petitioner (Annexure-6).

3. Facts of the case are that the petitioner was appointed in the year 2000 as Bal Arakshi (Constable) in B.M.P. 9, Jamalpur on compassionate ground due to death of his father in harness and thereafter he was sent for training in B.M.P. 15, Deoghar. From the records, it appears that during training petitioner absented himself without leave. Since petitioner did not complete his training, his services were reverted back to B.M.P. 9. There also, petitioner absented without leave and therefore he was put under suspension and a departmental proceeding was started against him. Show cause was issued to the petitioner with charges of being deserter repeatedly. Petitioner appeared and filed reply to the same. Thereafter, proceeding was conducted and he was held guilty of the charges and report was submitted recommen







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