The central legal point established is the need to consider the applicability of Rule 843 of the Bihar Police Manual and the harshness of the punishment in cases of repeated absence without leave.

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 recommending for his removal from service. A second show cause notice was issued to the petitioner by the Commandant. Petitioner filed his second show cause which was considered and impugned order inflicting punishment of dismissal from service (Annexure-4) was passed. Petitioner filed appeal before the D.I.G. of Police. However, the said appeal was also rejected by the appellate authority vide Annexure-5. Thereafter, in terms of the provisions of Police Manual petitioner filed memorial appeal before the D.G. of Police. The said memorial appeal was considered and rejected by the D.G. of Police vide Annexure-6.

4. Learned counsel for the petitioner submits that the petitioner had explained his absence from duty as being sick and had also filed certificates of the concerned doctor as contained in Annexure-1 series. However, it is admitted by the petitioner that the petitioner had not filed these medical certificates before the enquiry officer and the same were filed belatedly before the disciplinary authority. Learned counsel for the petitioner submits that in view of. the unimpeachable medical certificates, respondents ought to have taken lenient view in the matter and ought to have given lesser punishment. Respondents have inflicted harsh punishment which is not warranted in law in view of the explanations offered.by the petitioner. Learned counsel for the petitioner also submits that in the case of the petitioner provisions of Rule 843 of the Bihar Police Manual have not been complied with inasmuch as no enquiry was made from the Police Superintendent of home district of the petitioner. Petitioner has produced an order of the D.G. of Police which is contained in Annexure-3 at page 21 in which on remand from this Court, the D.G. of Police considered the matter of the incumbent concerned and found that in somewhat identical circumstances there was non-compliance of provisions of Rule 843 of the Bihar Police Manual. The D.G. of Police-considering other aspects also, set aside the order of dismissal of the incumbent and ordered for restoration of his service with certain conditions. Learned counsel for the petitioner has produced another order of a D.I.G. of Police in the case of another incumbent in which also it has been found that there was non-compliance of provisions of Rule 843 of the Bihar Police Manual. On that ground, besides other grounds, the order of dismissal of the incumbent was set aside.

5. Learned counsel for the petitioner submits that in the case of the petitioner also, respondents ought to have considered the applicability of R. 843 of the Bihar Police Manual and ought not to have passed the order of dismissal due to noncompliance of R. 843 of the Bihar Police Manual. In the circumstances, learned counsel for the petitioner submits that the