IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9516 of 2002 MD.ABBAS ALAM Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr Siya Ram Shahi, Advocate Mr Syed M. Ashraf, Advocate For the State : Mr Rakesh Kumar Singh, Advocate Mr Raj Kamal ------- 3. 12.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner, a Police Constable, was dismissed from service on 19.7.1983. His appeal against the same was rejected on 4.12.1983. The memorial against the appellate order has been rejected in 2002. The petitioner came to this Court on 19.8.2002. On facts on the aspect of delay both the petitioner and the respondents are to be blamed. The legal question that arises for consideration is an order of termination on the ground of alleged un-authorised absence without even holding a departmental proceeding. The law stands well settled that no major punishment can be imposed on a permanent government servant except after holding departmental enquiry. The respondents were obliged to arrive at a positive finding on the unauthorized absence after due opportunity to the petitioner. The impugned order of termination dated 19.7.1983 is cryptic and says that he was being removed from service with immediate effect. Nothing more and nothing less has been stated. The order is not reasoned. In that view of the matter, it is not sustainable. The order of termination as also the appellate order and the memorial are accordingly set aside. The petitioner shall stand reinstated on the lowest level of seniority at the basic pay scale. In so far as the arrears of salary are concerned, this Court has already noticed that there are laches on the part of the petitioner and the respondents both. It shall be for the respondents to consider any claim for back wages in accordance with law for the interregnum which the petitioner may make if he is so advised and on which this Court makes no observation. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)