JUDGMENT

Ahsanuddin Amanullah, J. - The matter has been heard via video-conferencing.

2. Heard Mr. SSP Yadav, learned counsel along with Mr. Upendra Kumar Singh, learned counsel for the appellant and Mr. P K Verma, learned Additional Advocate General 3 along with Mr. Suman Kumar Jha, learned Assistant Counsel to AAG 3 for the State.

3. The present appeal is directed against the order dated 13.07.2021 passed by the learned Single Judge in CWJC No. 3836 of 2020, whereby the order of dismissal from service of the appellant, which was upheld by the Appellate Authority and Memorial Appeal also dismissed, has not been interfered with.

4. The brief facts of the case are that the appellant was appointed as a police constable on 08.02.1999. The appellant left his duty on 04.10.2012 without information and after 64 days gave his joining on 07.01.2013 due to which, by District Order No. 1167 of 2021, his salary was stopped and later by District Order No. 133 of 2013, his salary was released from the date of joining. By District Order No. 158159, he was directed to join at Purnea Police Station. Till 01.09.2013, since the appellant had still not joined, through Office Memo No. 1866 dated 27.08.2013, the Rail PS, Purnea sought information from the Rail Police, Katihar. The Station House Officer, Rail PS, Purnea vide Memo No. 510/13 dated 13.09.2013, informed that till date the appellant had not joined the Rail PS, Purnea. After that, the appellant after voluntarily absenting himself from duty for 269 days gave his joining on 03.10.2013. On 15.11.2013, the SHO, Rail Police, Katihar, under Memo No. 607/13 informed that on 25.10.2013, the appellant was sent to Patna in connection with law-and-order duty for the Hunkar Rally. All the officers and employees after completing the said duty had joined back on 11.11.2013. However, the appellant did not return to his duty for which Rail District Order No. 1218/13 was issued by the Superintendent, Rail Police, Katihar under Memo No. 1920 dated 03.09.2013 and show cause was asked for from him and he was also directed to join. Yet, the appellant neither joined nor submitted any show cause resulting in his suspension with effect from 10.12.2013 with subsistence allowance. Subsequently, by Office Memo bearing no. 2577 dated 11.12.2013 of the Superintendent, Rail Police, Katihar, the appellant was asked to join and also submit his show cause which he did not do and departmental proceeding no. 4/2014 was initiated against him. In the said proceeding, the Inspector, Rail Police, Saharsa was appointed as the Enquiry Officer. The appellant was found guilty of the charges against him in the inquiry report. Based upon the same, the Superintendent, Rail Police, Katihar, after taking into consideration all the documents and materials, including the statements of witnesses, the show cause of the appellant and the report of the Enquiry Officer, issued a second show cause to him.

5. However, the appellant finally joined his duty after 415 days on 15.12.2014. Again, the appellant was sent to the CTC Training Centre, Sasaram and from there, he proceeded on leave for four days on 20.01.2015 and had to return by 24.01.2015, but did not do so, for which, by Order No. 18/15 and Rail District Order No. 201/15, his salary was stopped. As he had not joined for more than 30 days, he was sent back by the Commandant, Training Centre, Sasaram, without training, to the Rail District, Katihar, where also, the appellant joined after 115 days on 21.05.2015. Thus, for being absent for a total period of 894 days, the Enquiry Officer gave his report holding him guilty. The appellant was directed to join his duty under Memo No. 676 dated 15.05.2015, which was also published in the newspaper. He was also sent notice to show cause with regard to his dismissal from service under Office Memo No. 678 dated 15.05.2015. The said letter was received by the appellant on 18.05.2015 and his reply to the show cause was received in the office on 19.06.2