IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.339 of 2007 VIJAY KUMAR Versus THE UNION OF INDIA & ORS ----------- For the appellant : Mr. Subodh Prasad For the Union of India : Mr. Sanjay Kumar, CGC ---- O R D E R 4. 5.5.2008. Writ petitioner-appellant, aggrieved by the order dated 21.2.2007 passed by a learned Single Judge in C.W.J.C.No. 1824 of 2006 dismissing the writ application, has preferred this appeal under Clause X of the Letters Patent. Writ petitioner-appellant was a constable in Central Industrial Security Force. He was posted as such at CISF Unit, D.V.C. Chandrapura. On 4.10.2000, he deserted the duty without any information and remained absent without leave till he re-joined the duty on 20.12.2000. The disciplinary proceeding was initiated for the aforesaid misconduct. He was found guilty in the departmental inquiry and accordingly, the Disciplinary Authority inflicted punishment of removal from service. He challenged the same before the Appellate Authority and the Appellate Authority, taking into account his length of service, modified the punishment and reduced the punishment to compulsory retirement from service. Revision 2 application preferred by the writ petitioner against the aforesaid order, has failed. Writ petitioner-appellant, aggrieved by the aforesaid order, preferred writ application, which has been dismissed by the impugned order. Mr. Subodh Prasad, appearing on behalf of the appellant, submits that the punishment is disproportionate to the gravity of allegation and in fact, as the writ petitioner-appellant was suffering from mental disorder, he deserted the Force. We do not find any substance in the submission of Mr. Prasad. The plea taken by the appellant in course of inquiry, was that due to headache and pain in back bone, he proceeded to his father’s house on 4.10.2000. He left the Unit without any information. The Conducting officer, on appraisal of the materials on record, came to the conclusion that appellant had deserted the force and the plea put forth by him is not fit to be accepted. The Disciplinary Authority as also the Appellate Authority had concurred with the said finding. There is no reason to disagree with the said finding. Desertion of the Unit by a member of the Force cannot be lightly ignored. It affects the discipline of the Force. In the face of the finding arrived in 3 the disciplinary proceeding, we are of the opinion that the punishment of compulsory retirement cannot be said to be disproportionate to the gravity of allegation. We do not find any merit in this appeal and it is dismissed accordingly. (C.K.Prasad, ACJ) (J.N. Singh) ahk