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2012 Supreme(Jhk) 1048

ALOK SINGH
Rajesh Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared
For the Petitioner(s):M/s S.N. Pathak, Sr. Advocate, Rishikesh Giri,
Rakesh Kumar Roy & Fayyaz Ahmad, Advocates.
For the respondent(s): M/s Ajit Kumar, A.A.G. & Vikash Kumar, J.C. to A.A.G.

ORDER

1. The petitioner was appointed as a constable in the Indian Reserve Batalion and has reported for the training pursuant to the appointment letter dated 26th April, 2005 (Annexure-B to the supplementary counter affidavit). Petitioner, while undergoing training, left the training centre without informing the superior and without getting any leave on 2nd November 2005 and has returned on 17th November, 2005. Thereafter, vide order dated 7th February, 2006 (Annexure no. 2) petitioner was discharged from the services without assigning any reason. Feeling aggrieved, the petitioner preferred an appeal, which was also rejected by the Deputy Inspector General of Police. Feeling aggrieved, the petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India.

2. I have heard learned counsel for the parties and have carefully perused the record.

Dr. S.N. Pathak, learned Sr. Advocate appearing for the petitioner has vehemently argued that the petitioner was dismissed from service because the petitioner remained absent without any leave as stated in paragraph 33 of the counter affidavit. Mr. Pathak further contends that unauthorized absent amounts to misc












































































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