JUDGMENT :

Heard Mr. Indrajit Sinha, learned counsel for the petitioner and Mr. Gaurav Abhishek, learned counsel for the respondent-State.

2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit.

3. The petitioner has preferred this writ petition for quashing the orders dated 13.05.2015, contained in Annexure-12 of the writ petition, whereby, the petitioner has been dismissed from service with immediate effect w.e.f. 13.05.2015. The further prayer is made for quashing the order dated 2 W.P. (S) No. 4737 of 2019 23.07.2019, whereby, the appeal preferred by the petitioner against the order dated 13.05.2015 has been dismissed as time barred in terms of Rule 852(Ka) of the Jharkhand Police Manual.

4. The petitioner was appointed on the post of constable on 16.06.2010. The petitioner made an application for grant of earned leave for a period of 35 days for the period from 30.05.2014 to 04.07.2014. Pursuant to the said application, he was granted earned leave. However, the petitioner did not submit his joining after availing the earned leave and he remained absent and to that effect, order dated 08.07.2014 has been passed, whereby, the salary of the petitioner was withheld. Thereafter, vide order dated 09.07.2014, the petitioner has been directed to submit his joining immediately, failing which, disciplinary action will be taken. On enquiry, it came to the knowledge of the respondents that the petitioner is getting treatment at his village and he will join his duty after Chhath Puja. Thereafter, vide order dated 03.11.2014, the petitioner was put under suspension with immediate effect i.e. 31.10.2014 in contemplation of departmental proceeding. The petitioner sent an application to the Commandant informing that he is suffering from Malaria fever and he is unable to attend his duty, as the doctor has advised him to take rest till he recovers. Vide memo dated 05.11.2014, the charge has been framed against the petitioner, which has been communicated to the petitioner. Thereafter, departmental proceeding was initiated against the petitioner, in which, statements of witnesses were recorded. A show-cause notice dated 24.04.2015 has been issued to the petitioner. Thereafter, the petitioner has been dismissed from service with immediate effect w.e.f. 13.05.2015. The petitioner preferred an appeal against the order dated 13.05.2015, which was dismissed vide order dated 23.07.2019 and that is why, the petitioner has moved before this Court.

5. Mr. Indrajit Sinha, learned counsel for the petitioner submits that the orders passed by the disciplinary authority as well as appellate authority are not sustainable. He further submits that initially the petitioner was suffering from malaria fever and the said fact was duly informed to the respondent authorities. He also submits that the statements of witnesses have been discarded by the disciplinary authority while passing the order of dismissal moreover by the enquiry officer. He further submits that the petitioner was not mentally fit to discharge his duty and, therefore, he could not submit his joining before the concerned authority. He further submits that the penalty of dismissal from service on the ground of unauthorized absence is so unreasonable and disproportionate to the charge framed and found proved against the petitioner that warrants interference of this Court.

6. Mr. Gaurav Abhishek, learned counsel for the respondent-State submits that the petitioner being a member of disciplined force has rightly been dismissed from service on account of his misconduct of unauthorized absence from duty. He further submits that the treatment allegedly undertaken by the petitioner during the period of unauthorized absence was not approved by the Department.

7