JUDGMENT :

Subramonium Prasad, J.

1. The instant writ appeal assails the order dated 07.10.2009 passed in W.P.(MD) No. 8913 of 2005.

2. The appellant is the writ petitioner. In the writ petition, the appellant assails the order dated 24.11.2004 passed by the respondent police Tuticorin District, imposing a punishment of removal from service, which has been confirmed by the appellate authority being the Additional Director General of Police, (Law and Order), Chennai.

3. The facts in brief as under:

The appellant was working as a Constable Grade I in Pudukottai Highway Patrol. On 08.04.2004, he was transferred to Puliyampatti Police Station and he was relieved. The appellant states that before joining the new place, he wanted to visit his family. He developed chest pain and therefore, would not join the Puliyampatti Police Station within the specified time. The appellant states that pursuant to the chest pain, the appellant was admitted in hospital.

3.1. Since the appellant did not report in time, disciplinary proceedings was initiated and a charge memo was issued on 23.08.2004. The charge reads as under:

"Gross neglect of duty in having absented for duty from 16.04.2004 FN without obtainin