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2022 Supreme(Raj) 1836

MANINDRA MOHAN SHRIVASTAVA, BIRENDRA KUMAR
Rameshwar Dayal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Anshuman Saxena through V.C., for the Appellant
Mr. Rajesh Mahrishi, AAG through V.C., for the Respondent.

ORDER

1. This appeal is directed against the order dated 08.10.2018 passed by learned Single Judge whereby the learned Single Judge has dismissed the petition.

2. Brief facts given rise to filing of writ petition and this appeal are that the writ appellant while working as constable in RAC Battalion of Police Department in the State of Rajasthan was proceeded against in a departmental inquiry by issuance of the charge sheet dated 16.01.2007 (Annexure-3) on as many as three charges.

3. The first charge was that having proceeded on sanctioned leave on 06.05.2006, which was only upto 20.05.2006, he did not return and continued on unauthorized absence without any leave sanctioned for the period after 20.05.2006.

4. The second charge was that without any sanctioned leave the appellant remained unauthorizedly absent for 118 days and appeared for duty as late as on 15.09.2006.

5. The third charge was that on earlier as many as 76 occasions, the appellant had remained unauthorizedly absent for which penalty of a total of 22 days R.I. and 56 days of PD was imposed and warning was imposed on three occasions and 809 days of extra ordinary leave was granted to him during his service. In addition to

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