IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5963 of 2008 Jitendra Upadhyay, son of Late Kabis Dutta Upadhyay, village Sikariya, PS Tekari, district Gaya – Petitioner. Vs. 1) The State of Bihar, 2) The Chief Secretary, Bihar, Patna. 3) The Director General of Police, Bihar, Patna. 4) The Dy. Inspector General of Police, Bettiah, Range, Bettiah. 5) The Supdt. Of Police, Bettiah – Respondents. 2 3.5.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by order dismissing him from service, dated 30.6.1998 and the order passed by the appellate authority, dated 10.1.2008. The facts are that the petitioner along with Anwar Hussain who was Incharge of the police party was directed to take one Yogendra, a criminal from Bettiah to the Patna Medical College Hospital for treatment on 1.5.1997. On the way the petitioner took permission to have lunch and thereafter did not return. The reason for not returning according to the petitioner is that he got information that his wife was unwell and , therefore, he left the police party and went home. The petitioner returned on 6.5.1997 and joined duty. A departmental enquiry was instituted and an enquiry officer was deputed to make enquiry regarding the allegations against the petitioner. Notice was issued to the petitioner but he did not respond. First a notice under registered cover was issued to the petitioner, then a special messenger was sent to the petitioner’s house, but despite that he did not appear and file a show cause. The members of the police party including Anwar 2 Hussain were examined. All of them have stated that the petitioner took permission for lunch whereas all other members of the policy party returned, the petitioner left without permission for his village. In order to support his case, counsel for the petitioner submits that his wife was unwell and under those circumstances he left the police party. The petitioner has attached the certificate to show that his wife was unwell. Since the petitioner has alternative remedy of filing a memorial, I do not think it proper for this court to examine the certificate and other materials produced in this case. In this case the order of dismissal was passed in 1998 which was challenged in this court in 2002 vide CWJC no. 12924/2002 disposed of on 23.5.2003. This court disposed of the said writ petition with an observation that the petitioner had alternative remedy of filing an appeal. After the appeal was filed, it remained pending for about five years and the order was finally passed on 10.1.2008. In view of the aforesaid facts, if the petitioner decides to file a memorial, the concerned authority may condone the delay in the special facts of this case. It is expected that the memorial will be disposed of expeditiously and preferably within a period of six months. This writ petition stands disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)