JUDGMENT :

Debangsu Basak, J.

1. The writ petitioner is aggrieved by an order dated September 20, 2013 passed by the West Bengal Administrative Tribunal in OA-1693 of 2009.

2. By the impugned order, the Tribunal refused to set aside an order of dismissal of the writ petitioner in a disciplinary proceeding.

3. Learned Advocate appearing for the writ petitioner submits that, the writ petitioner explained his absence for 138 days for which he was charged with. He draws the attention of the Court to several documents annexed to the writ petition. He submits that, initially, the writ petitioner left his company and battalion on August 16, 2002 on hearing his son’s illness. On reaching home, the writ petitioner involved in a motor accident on August 17, 2002 and was under treatment. He informed the authorities that on September 2, 2002 he fell down in the bathroom and received injury.

4. Learned Advocate appearing for the writ petitioner submits that, a punishment for dismissal from service on account of unauthorized absence is harsh. He relies upon 2006 (1)CLJ (Cal)386 (Madhusudan Chowdhury vs. State of West Bengal & Ors.), 2013 (4) CHN(Cal) 562 (Barun Chatterjee vs. State of West Bengal) an