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2018 Supreme(Pat) 1801

MOHIT KUMAR SHAH
Abhay Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Bindhyachal Singh, Ram Binod Singh.
For the Respondents: Ms. Archana Minakshi.

Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 22.12.2009, passed by the Superintendent of Police, Samastipur, whereby and where under the petitioner has been dismissed from service. The petitioner has further prayed for quashing of the appellate order dated 08.06.2010.

2. The brief facts of the case are that the petitioner was appointed on compassionate ground pursuant to the death of his father on 04.07.1998 by the Superintendent of Police, Purnea. It is the contention of the petitioner that when the petitioner was sent for training from Samastipur to B.M.P.-5, Patna on 09.01.2008, the petitioner had reported at B.M.P.-5, Patna on 09.01.2008 and had started the training, in the meantime, he received information about illness of his wife and after informing his superior, he had left for his home, however, since the Havildar was not present, he could not inform the Havildar.

3. The respondents had initiated a departmental proceeding and a charge sheet was issued with regard to the petitioner having absconded from duty without information on various occasions.The Enquiry Officer had conducted the enquiry proceedings against the petitioner

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