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Judgment
R.K. Merathia, J.—This writ petition has been filed for quashing the order contained in Memo No. 113, dated 5.7.1999 (Annexure 12) passed by the Superintendent of Police, Bihar Military Police Training Institute, Padma, Hazaribagh dismissing the petitioner from service in a departmental proceeding initiated against him for overstaying leave by 120 days also the order dated 8.6.2000 (Annexure 13) passed by respondent No. 6 (Deputy Inspector General of Police, Training-cum-Principal, Police Training College, Hazaribagh) in appeal by which the appellate authority confirmed the said order.
The case against the petitioner in short is that he was granted leave for a week from 29.4.1998. He was to report for duty on 7.5.1998. Several registered letters were sent to him but inspite of that, he did not report for duty. On 4.9.1998 he reported and took a plea that he was suffering from jaundice, but the medical papers were not satisfactory and he did not comply with the rules in this regard if he was ill.
Petitioner''s stand was that he was advised by the police doctor to take rest and he informed the department about his illness.
In the departmental proceeding, the charges were proved. I am not inclined to interfere with the finding of guilt recorded against the petitioner which is based on relevant materials and was affirmed in appeal. However, keeping in view that on 5.6.1998, 7.7.1998 and 6.6.1998, the police doctor of Laheriasarai Hospital advised the petitioner to take rest for a month, in my opinion, the order of punishment is harsh and requires reconsideration.
In the circumstances, the finding of guilt recorded against the petitioner is upheld and the matter is remitted to respondent No. 6.
The petitions will file a representation before respondent No. 6 along with a copy of this order within one month from today. The respondent No. 6 will issue notice to the petitioner, on the address given in the representation, about the proposed punishment, within one month from the date of receipt of such representation. The petitioner, if so advised, may file reply within two weeks from the receipt of such notice. The respondent No. 6 will reconsider the quantum of punishment and pass appropriate order in accordance with law, within four weeks thereafter.
With the aforesaid observations and directions, this writ petition is disposed of. However, there will be no order as to costs.