IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1481 of 2009 1. ARUN KUMAR RAY S/O DEBENDRA NATH TRATA EX-CONSTABLE (G.D.) TRATA, R/O VILL- MAMUGAON, P.S. & DISTT. BONAGAINGAON (ASSAM) Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI 2. THE COMMANDANT 9TH B.N. S.S.B., CENTRAL RESERVE POLICE FORCE, SITAMARHI, BIHAR 3. DEPUTY INSPECTOR GENERAL OF POLICE S.H.Q., S.S.B. CENTRAL RESERVE POLICE FORCE, MUZAFFARPUR ----------- 6 10.03.2011 Heard counsel for the petitioner and counsel for the Union of India. The present L.P.A. has been filed against the order dated 7.9.2009 passed by the learned Single Judge in C.W.J.C. No.11178 of 2009 dismissing the writ application. The petitioner, appellant herein has chosen to question the order passed on 8th November, 2007 by which the appellant has been dismissed from service on the ground of unauthorized absence. Main contention of the appellant is that his absence was informed by his wife to the authority to the effect that he is under treatment. Record shows that the appellant was absent from duty for a period of 392 days, i.e. from 6.9.2006 to 3.10.2007. According to the statements made in the counter affidavit, the doctor has recommended his absence from duty for a period of 392 days, i.e. from 6.9.2006 to 3.10.2007 stating that the appellant was suffering from Abdominal Tuberculosis. The petitioner, 2 appellant herein, has also filed O.P. Chit to prove his case that he has taken treatment in Gauhati Medical College Hospital, Assam in out patient department. The petitioner, appellant herein, has also annexed the Advice Slip which goes to show his treatment under undated prescription of the doctor showing registration as out patient on 6.9.2006. No other document is available to the effect that for the period from 6.9.2006 to 3.10.2007 he was under treatment. No categorical documentary evidence is available with regard to the appellant that he was suffering from Abdominal Tuberculosis. In absence of the aforementioned documents, we do not find any illegality in the order of the learned Single Judge which would warrant interference. Accordingly, this L.P.A. is dismissed. Abhay Kumar ( T. Meena Kumari, J.) (Shyam Kishore Sharma, J.)