IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1777 of 2011 In Civil Writ Jurisdiction Case No. 3638 of 2007 With Interlocutory Application No. 8064 of 2011 In Letters Patent Appeal No.1777 of 2011 ====================================================== Sudhir Kumar, son of Ram Yatan @ Jatan Singh, resident of Village- Karisowa, P.S. Wazirganj, Distt. Gaya. .... .... Appellant/s Versus 1. The State of Bihar. 2. The Home Commissioner, Govt. of Bihar, Patna. 3. The Director General-cum-Inspector General of Police, Bihar, Patna. 4. The Inspector General of Police, Bhagalpur Zone, Bhagalpur. 5. The Deputy Inspector General of Police, Bhagalpur Range, Bhagalpur. 6. The Superintendent of Police, Bhagalpur. 7. The Deputy Superintendent of Police, Head Quarter-cum- Enquiry Officer, Bhagalpur. 8. The Sergeant Major, Bhagalpur District Police, Bhagalpur. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ranjan Kumar Jha, Advocate For the Respondent/s : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 25-11-2011 Re.: I.A. No. 8064 of 2011 The delay of 5 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re.: L.P.A. No. 1777 of 2011 Feeling aggrieved by the judgment and order dated 19th September 2011 passed by the learned single Judge in above CWJC No. 3638 of 2007, the writ petitioner has preferred this Patna High Court LPA No.1777 of 2011 (2) dt.25-11-2011 2 / 2 2 Appeal under Clause 10 of the Letters Patent. The appellant, a constable in Bihar Police, was dismissed from service by order dated 14th September 2001 for unauthorized absence without leave. The challenge to the order of dismissal in departmental appeal and revision and before the learned single Judge has failed. Therefore, the present Appeal. It is not in dispute that since 13th October 1996 the appellant did not report for the duty until the date of the order. The defence that the appellant was suffering from several ailments was not believed by the disciplinary authority. The medical records produced in the writ petition do not inspire confidence. Having suffered from alleged illness for so many years, the appellant has not produced fitness certificate either. Learned advocate Mr. Ranjan Kumar Jha has appeared for the appellant. He has submitted that although the appellant had been placed under suspension pending enquiry, he has not been paid subsistence allowance. He also submitted that the punishment of dismissal from service is not commensurate to the misconduct proved against the appellant. We see no substance in the submission made by the learned advocate. No case for interference is made out. Appeal is dismissed in limine. B.Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)