-7 y\ ^'^"9^?^?l ^ -•^f'-»^t R i%j BEFORE THE HIGH COURT OF CHHATTISGARH AT_BILASPUR WRIT APPEAL N0. ^- /2009 ('Arising out of order dated 11.04.2009, passed in W.P.S. No. 1892/2009 by Hon'ble Justice Shri Satish K. AgnihotrU Bhagwat Prasad Rajak, aged about 57 years, son of Late Shri Jagat Ram Rajak, Asst. Sub Inspector Qf Police (Dismissed), present address Katiyapara, Durga Chowk, Bilaspur (CG) VERSUS 1. State ofChhattisgarh, through Secretary, Department of Home Affairs, Dau Kalyan Singh Bhawan, Raipur (CG) 2." The Director General of Police, Police .Head Quarter - Raipur (CG) 3. The Inspector General of Police, Bilaspur Range, Bilaspur (CG) /'' 4. The Superintendent of Polye, Police Distt. Ambikapur, Sarguja (CG) ^ 5. The Superintendent of Police, Distt. Bilaspur (CG) RESPONDENTS .^^. ^'/ ••••' •y'\?-'' t, ! ^" .Ju. ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DB: Hon'ble Shri Justice UVLQyddysj and Hon'ble Shri Justice Prashant Kumar Mishra WritAppeal No.146 of 2009 Aopellant Bhagwat Prasad Rajak versus Respondents State of Chhattisgarh and others Present: Shri A.N.Bhakta, counselfor the appellant. , , Shri Ajit Singh, Panel Lawyer for the State/respondents. WritAppeal under Section 2 ofthe Chhattisaarh Hiah Court (Appeal to Division Bench) Act, 2006 ORAL JUDGIWENT (Deliveredon 6 April, 2010) Per I.M. Quddusi, J.: Learned counsel appearing for the parties are heard finally. 2. This writ appeal has been filed against the impugned order dated 11-4-2009 passed by the learned Single Judge in Writ Petition (S.) No.1892/2009 dismissing thewrit petition. 3. The writ petition was filed against the impugned order dated 16- 3-2002 passed by the Inspector General of Police, Bilaspur Range, Bilaspur removing the appellant/petitioner from police service due to his absence from the duties for the period from 5-12-1995 to 7-7-2001 without permission of the authorities. 4. Needless to mention here that the appellant/petitioner was a member of police force and was posted as Assistant Sub-lnspector of Police in District Surguja, who was transferred on his own request and, -/^. /^\ '? .5 'fc iaai^^': -z^— thus, was relieved on 5-12-1995 to join at the transferred place of posting by 7-12-1995, but he did not join. Consequently, a departmental enquiry was initiated and after providing opportunity of hearing to the appellanVpetitioner, it was found that the period of absence of more than 5 years was unauthorised. An appeal was filed before the Director General of Police, which was also dismissed vide orderdated 19-9-2003. 5. Absent from duties is a serious misconduct on the part of a Government servant, more so, if the Government servant isa member of police force, which is a disciplined force demanding strict adherence to the rules and procedures more than any other department. 6. Therefore, in view of the above facts and circumstances, we see no ground to interfere with the impugned order passed by the learned Single Judge. 7. The writ appeal is misconceivedand is hereby dismissed. There shall be no order as to costs. 8. At this stage, learned counsel for the appellant prayed that a direction be issued to modify the order of removal of the appellant from the service to that of compulsory retirement. We cannot pass such an order, however, this will not be an impediment to the concerned authorities if they want to modify their orders in any way. Sdf- I.M.Quddusi Judge Sd//- Prashant Kumar Mishra Judge Gopa)