(Per: Hon'ble Mr. Justice Navin Sinha)

Navin Sinha, J.— The petitioner, a Constable in the Bihar Military Police was dismissed from service on grounds of unauthorized absence by an order dated 4.6.2001 in pursuance of departmental proceedings. The Appeal was rejected on 14.7.2002. The Memorial before the Director General of Police was rejected on 11.10.2004.

2. The petitioner had earlier preferred C.W.J.C. No. 405 of 2005, Ed.-Reported in 2008(2) PLJR 180, questioning the impugned orders. On 21.11.2007, without setting them aside, the matter was remanded to the Director General of Police for reconsideration in light of the provisions of Rule 843 of the Bihar Police Manual. The Director General of Police by order dated 6.11.2008 has maintained the dismissal.

3. The petitioner was appointed as a Child Constable on compassionate grounds upon death of his father in harness. On attaining majority he was appointed as a Constable in the year 2000 on compassionate ground.

4. A memo of charge dated 31.10.2000 was served upon him for un-authorized absence from 6.7.2000 to 11.9.2000, a total of 68 days. The petitioner joined on 12.9.2000. A second charge was that the petitioner again ab