IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15421 of 2007 MAHESH KUMAR BAITHA S/O LATE DEO NARAIN RAM, R/O VILLAGE- MOTIPUR JUNEDA P.O. & P.S. MOTIPUR DISTT- MUZAFFARPUR----------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE, BIHAR,PATNA 3. THE DEPUTY DIRECTOR GENERAL OF POLICE ( SPECIAL BRANCH), BIHAR PATNA 4. THE INSPECTOR GENERAL OF POLICE, MUZAFFARPUR RANGE, MUZAFFARPUR 5. THE DEPUTY INSPECTOR GENERAL OF POLICE,MUZAFFARPUR 6. THE SUPERINTEDENT OF POLICE,MUZAFFARPUR--RESPONDENTS ----------- For the Petitioner: Mr. Ashutosh Jha and Mr. Narendra Pandey, Advocates For the Respondents: Mr. S.Sundaram, AC to GA-4. ----------- 2 24.6.2010 Heard learned counsel for the parties. The reason for dismissal of the petitioner from the service is a creation of his own conduct. Petitioner was appointed as a constable on the death of his father on compassionate appointment, that was somewhere in the month of March, 1989. Thereafter on 26.3.1993 while he was undergoing training at Muzaffarpur, without any information or leave, he abandoned the camp and was unheard of for more than four years. In this background the respondent authority declared him as an absconder and dismissed him from service. Learned counsel for the petitioner submits that the punishment of dismissal is not only harsh but has been passed without giving proper information or even notice to the petitioner. The explanation offered by the petitioner for his absence is that he lost his mental balance and he had to be treated by a doctor at Ranchi. On attaining fitness when he went to resume his duty after getting medical fitness, he was informed that he already stood dismissed from service - 2 - for unauthorized absence declaring him absconder from the force. From the pleadings of the State and it is evident from the record that the conduct of the petitioner was not in isolation. There has been similar allegation of the kind against him and last of his vanishing act lasted over four years. In the totality of the circumstances the respondent had no option but to declare him as an absconder and remove him from service vide order passed in this regard which was communicated at his permanent home address. The story of the petitioner having lost his mental balance is based on a so called prescription of the doctor which is annexed as annexure-1. A perusal of the said prescription would show that this has been obtained from the so called doctor who had treated him at Ranchi but it would not indicate that the petitioner was either admitted in the mental hospital or remained constantly under treatment for four years. Obviously annexure-1 has been obtained to cover up the absence since it was without any information or permission of the kind from the competent authority. Coupled with the fact that the petitioner has had similar kind of service record of being missing without information or over staying the leave, obviously the petitioner is not fit or cut out from duty and responsibility of a disciplined force. The respondent authority had done no wrong in passing the order in this regard. This writ application has no merit and it is dismissed. RPS (Ajay Kumar Tripathi, J.)