JUDGMENT :

1. The petitioner was working as Unarmed Police Constable, by way of this petition under Article 226 of the Constitution of India, challenged the order of penalty, pursuant to a departmental proceedings, of dismissal from the service vide order dated 21.10.2003 passed by the Superintendent of Police, Surendranagar, and treating the period of absence till the receipt of order of dismissal as unauthorized absence and to be treated as leave without pay, confirmed by the Range I.G. as also Director General of Police and Chief Police Officer, Gujarat State, Gandhinagar, vide orders dated 30.01.2004 and 01.02.2007 respectively.

2. The petitioner was appointed as Unarmed Police Constable on 16.01.1987 at Kutch District. Thereafter, he was transferred to Surendranagar District in an around the year 1993. He served there till he came to be dismissed from the service by an order dated 21.10.2003.

3. However, while he was serving with Halvad Police Station as Unarmed Police Constable, he proceeded on a casual leave on 30.06.2000 upto 02.07.2000, clubbing period of public holiday. He was to report for the duty on 03.07.2000. Further, the petitioner did not report for the duty. Therefor