ORDER

1. The petitioner has filed the present petition under Article 226 of the Constitution of India being aggrieved by the order dated 15.4.2008, whereby he has been dismissed from service w.e.f. 15.4.2008 (AN) and his unauthorized absence period from 14.4.2007 to 15.4.2008 total 372 days has been treated as 'Dies Non' for all purpose. This petition is also against the order dated 11.8.2009, whereby the appellate authority has dismissed the appeal maintaining the order of dismissal from service. The petitioner is also challenging the order dated 11.2.2010, whereby the Director General of Police has dismissed the revision.

2. Facts of the case in short are as under:-

2.1. The petitioner is a permanent resident of Village – Tok, Post Office – Amilkoni, District – Rewa. The petitioner was appointed on the post of Constable in Central Reserve Police Force (CRPF) in the year 2007 and he was posted in 156 Battalion. He was sanctioned with earned leave w.e.f. 9.2.2007 to 9.4.2007. He was required to report to the office back on 10.4.2007 but he did not report to the duty. The Chief Judicial Magistrate issued an arrest warrant on 18.6.2007 through Superintendent of Police, Rewa but the petitioner could not be arrested. Vide order dated 27.9.2007, he was declared absconder despite that he did not report in the duty.

2.2. Vide Memorandum No.P – VIII – 11/2007 – 156 – EC – II dated 13.11.2007, a decision was taken to initiate a charge-sheet to him. The charge-sheet was sent by a registered post to his residential address available in the service records, with a direction to submit a reply within 10 days. The petitioner did not submit any reply, therefore, vide order dated 4.12.2007, an Enquiry Officer was appointed to conduct an enquiry against him. The Enquiry Officer sent two letters to him dated 13.12.2007 and 29.12.2007 calling upon him to participate in the enquiry, but neither he appeared nor sent any reply, therefore, the Enquiry Officer initiated an ex-parte enquiry against him. After completing the enquiry, an Enquiry Report dated 19.1.2008 was submitted before the disciplinary authority. In enquiry report, the Enquiry Officer found the sole charge of absenteeism proved against him. The disciplinary authority i.e. Commandant, 156 Battalion vide letter dated 25.2.2008 sent the enquiry report to the petitioner's residential address with a show-cause notice to submit a reply /objection within 15 days. Since the petitioner did not submit any representation / reply, vide order dated 15.4.2008, punishment order of dismissal from service was passed.

2.3. Being aggrieved by the aforesaid order, the petitioner preferred an appeal as well as revision on the ground that on 9.2.2007 after taking the leave, he came to his hometown and fell ill on 29.3.2007. Since no treatment was available there, therefore, he went to the parental house of his wife in Katni. According to him, from time to time he informed the Commandant, 156 Battalion about his illness. The appellate as well as revisional authority have held that the petitioner ought to have sent the letter by way of registered post. The letters / notices sent by the Battalion were returned undelivered as he was not found residing on the said address. The petitioner did not inform the Department about his new address. The petitioner did not inform his coemployee about his illness also who could have informed the Commandant. After one year of his absence, the termination order was passed. If he was ill, he ought to have reported to nearest group hospital or CRPF Battalion. No treatment, prescription or sheets of District Medical Hospital have been produced, therefore, such a long absence without any medical treatment in the hospital has not been accepted by the appellate as well as revisional authorities and dismissed the appeal and revision. Hence, the present writ petition is before this Court.

3. Shri Bhatnagar, learned counsel for the petitioner argued that the petitioner was sending all th