1. Petitioner was Constable in the respondent-department and was discharged from service for allegedly remaining unauthorizedly absent from duty with effect from 26th September, 2003 by the Senior Superintendent of Police, District An-antnag, (respondent No. 3 herein) vide order No. 449/2004 dated 06.04.2004. It is this order which is called in question in this writ petition.

2. On notice issued, respondents have filed reply affidavit. Rejoinder affidavit has also been filed by the petitioner.

3. Respondents were directed to produce the record. Despite opportunity, record has not been produced.

4. Heard learned counsel for the parties. Considered the matter.

5. A serious allegation of misconduct is made against the petitioner in the impugned order inasmuch as, it is alleged that he has remained unauthorizedly absent from duty; that he showed arrogance, indiscipline and despite issuance of notice has not responded, which prevented the enquiry officer to proceed with the enquiry and resultantly, the impugned order was passed.

6. Learned counsel for petitioner submitted that the petitioner was taken ill and he was under medical treatment thus could not resume his duties. Learned counsel su

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