Ramchandra Singh Jhala, J.

The instant writ appeal has been filed by the appellant petitioner challenging the judgment dated 9.8.2002 passed by learned Single Judge in SBCWP No. 628/1992 whereby the learned Single Judge dismissed the writ petition filed by the appellant petitioner.

2. Briefly stated facts of the case are that according to the appellant-petitioner he was appointed as Senior Mines Foreman on 16th April, 1977, and was thereafter promoted as Assistant Mines Manager since 3.4.1981. The present controversy relates to the delinquency, for which, he was served with a charge sheet dated 10.6.1987, and a supplementary charge sheet on 12.6.1987.

3. The charges were that on 29.4.1987, at about 7.30 PM, while being on duty as Shift Incharge, the appellant-petitioner unauthorisedly took away a jeep of the company bearing No. RSJ 4020, outside the mines premises for personal use. It was reported that the jeep was being driven by Someshwar, returned to the mines at about 10.30 PM, but the appellant-petitioner did not return with it, while the appellant-petitioner was required to be on duty up to 10 PM. Thus, the appellant-petitioner was alleged to have willfully absented hi