IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (SB) No. 132 of 2007 Lala Ram Sharma …Petitioner. Versus State of U.P. through Secretary Home Department, Civil Secretariat, Vidhan Bhawan, Lucknow and five others. …Respondents. Present:- Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Bhagwat Mehra, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State of Uttarakhand. None appears for rest of the respondents. Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Sudhanshu Dhulia, J. Barin Ghosh, C.J, (Oral) 1. In a charge-sheet it was alleged that the petitioner remained absent from duty on 14 occasions. The charge was inquired into whereupon an inquiry report was submitted and accepting the inquiry report, the disciplinary proceedings were concluded by awarding a punishment of dismissal. The reason for the petitioner being not present at duty was that the petitioner’s wife underwent sterilisation and in consequence thereof fell ill, during which period the petitioner had to look after four of his children. The petitioner contended that even otherwise, the punishment was disproportionate. It is true that the petitioner had pleaded sterilization of his wife and her subsequent illness, but did not make any attempt to establish the same at the stage of inquiry or even subsequent thereto. Even in this writ petition, the petitioner has not relied upon any piece of evidence, which would suggest that in fact the wife of the petitioner underwent sterilization and subsequently she became sick for a considerable period of time. That being the situation, the conclusion would be that petitioner deliberately absented himself on 14 occasions without 2 any just reason. If that is the conclusion, we do not think that the punishment of dismissal could be said to be disproportionate, particularly having regard to the fact that the petitioner was a member of a disciplined police force. We, accordingly, dismiss this writ petition. (Sudhanshu Dhulia, J.) (Barin Ghosh, C.J.) 04.10.2010 Rathour