The petitioner is aggrieved by the Annexure-5, Order dated 30.06.2009 of the Commandant, 9th AP Battalion, Barhampur, Nagaon, by which, pursuant to a disciplinary proceeding, he was discharged from service with immediate effect. The order refers to departmental proceeding bearing D/P No. 7/06, along with the additional charge. The petitioner is also aggrieved by the order dated 16.01.2010 (Annexure-8), by which the appeal preferred by him against the order of discharge was rejected on the ground of delay in filing the appeal. Thus, the appeal has not been disposed of on merit.

2. The petitioner while was serving as a constable was issued with the show cause notice dated 19.05.2006 with the statement of allegation that he was unauthorizedly absent from duty for the period from 31.10.2005 to 22.03.2006 (totaling 141 days). It was alleged that such conduct on the part of the petitioner amounted to gross indiscipline, misconduct and negligence of duty rendering him unfit to continue in police force. Along with the charge sheet, apart from the statement of allegation, the list of documents and witnesses was also furnished. The show cause notice was in reference