IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3784 of 2004 ABDUL HAFIZ S/O MD. HADI HUSSAIN, R/O VILL ENARWA PS- RAMGARHWA DISTT- EAST CHAMPARAN -----------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE D.G. OF POLICE,PATNA 2. THE DY.INSPECTOR OF POLICE, ARMED POLICE (NORTH ZONE) MUZAFFARPUR 3. THE COMMANDENT, BMP-6,MUZAFFARPUR---RESPONDENTS ----------- For the Petitioner: Mr. Manish Kumar Mishra & Mr. S.K.Mishra, Advocates For the State: Mr. M.K.Singh, AC to SC-1 --------- 3 16.7.2010 Heard learned counsel for the parties. Petitioner was a constable in Bihar Military Police. He has been discharged from service after holding a departmental proceeding with effect from 22.7.1995. The reason for his discharge was that the petitioner was granted ten days leave but over stayed for 154 days, did not report for duty despite notice being sent on his home address on several dates. Learned counsel for the petitioner submits that the petitioner has cogent explanation to remain away from duty without leave or authorization because he was involved in the marriage of his daughter where some problems arose and it kept him away from duty for 154 days. He wants the Court to take lenient view as his discharge from service has had serious financial consequence for him and his family. The Court was willing to take a lenient view provided the present deviation of the petitioner was first of its kind. Not only from the order of punishment but also from the record and the statement made in the counter affidavit it emerges - 2 - that the petitioner has over stayed leave on 26 occasions in 18 years of service. For such act of omission on his part three major and seven minor punishments had been awarded to him from time to time. The respondents authority has given him enough opportunity to mend himself on the apology being made in past, but the indulgence by the respondents have had no effect. The factum of over stay without authorization of leave stands proved in the enquiry. The petitioner himself is to blame for his present predicament. With such a service record of petitioner obviously he is not fit to remain in service of the disciplined force of Bihar Military. In fact, restoring the petitioner back in service will be giving premium to bad conduct and bad behaviour detrimental to the discipline of rest of the force. This writ application has no merit and it is dismissed. RPS (Ajay Kumar Tripathi, J.)