IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2272 of 2007 SURESH RAM, SON OF SRI KESHARI RAM, RESIDENT OF VILLAGE CHAUKIPUR, P.S. UDWANT NAGAR, DISTRICT BHOJPUR AT ARA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HOME POLICE DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 2. DIRECTOR GENERAL OF POLICE, BIHAR, OLD SECRETARIAT, PATNA. 3. DEPUTY INSPECTOR GENERAL OF POLICE, MAGADH RANGE, GAYA. 4. D.I.G., HEADQUARTER, PATNA. 5. SUPERINTENDENT OF POLICE, GAYA. 6. SUPERINTENDENT OF POLICE, KAIMUR, GAYA. ----------- 02. 18.08.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served on the post of Constable in Pretshila Police Camp, Gaya. He has filed this writ petition challenging the order bearing Memo No.3813 dated 8.6.1999 passed by the Superintendent of Police, Gaya dismissing him from the post of Constable. He has also challenged the order bearing Memo No.4018 dated 22.09.1999, Annexure-2, order bearing Memo No.1921 dated 28.05.2001 issued under the signature of the D.I.G. (Headquarter), Bihar, Patna, Annexure-3, whereunder appeal and memorial filed against the dismissal and appellate order has been rejected. 2 3. Aforesaid dismissal order dated 8.6.1999, Annexure-1 was passed against the petitioner after subjecting the petitioner to a departmental proceeding bearing No.64/98. Subject matter of the departmental proceeding was the charge sheet bearing Memo No.1703 dated 26.09.1998, Annexure-4. Close perusal of Annexure-4 indicates that while petitioner remained posted at Pretshila Camp he disappeared from the camp on 17.09.1998. During his absence police camp was attacked by the extremists, arms and ammunitions looted after killing one police personnel and causing injury to five of them. In response to the aforesaid charge sheet petitioner filed his written defence, in which he admitted his absence from duty but explained the absence by stating that he had gone to collect his salary from police line, Gaya. For moving away from the place of duty i.e. Pretshila Police Camp petitioner was never authorized by his superior authorities or the authority commanding the camp, in my opinion, he should not have moved out of the camp without the specific instruction from his superiors. During the 3 absence of the petitioner from the police camp, camp was attacked by the extremists, 16 rifles, 640 rounds of ammunition, wireless set, police uniforms etc. were looted from the police camp killing one and causing injury to five constables posted at the camp. 4. In view of concurrent finding of fact recorded by the disciplinary, appellate as also the authority dismissing the memorial on the basis of the report of the enquiry officer that petitioner was absent from his place of duty and during his absence the police camp was attacked leading to killing of one and injury to five constable and loot of the arms, ammunition from the camp, I am not inclined to interfere with the dismissal, appellate and the order dismissing the memorial. The writ petition is dismissed. Rajesh/ ( V. N. Sinha, J.)