WP(C) 4650/2007 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. B. Chakraborty, learned counsel for the petitioner as well as Mr. B.J. Ghosh, learned State counsel appearing for the State respondents. The petitioner is aggrieved by the Annexure-4 order dated 28.4.2006 pass ed by the Commandant, 8th A.P. Battalion, Abhayapuri, by which the penalty of re moval from service was imposed on him pursuant to a departmental proceeding. In the said proceeding, the charge against the petitioner was unauthorized absence from duty from 14.10.2005. The charge-sheet was issued on 18.2.2006. By the aforesaid charge-sheet dated 18.2.2006, the petitioner was directed to su bmit his written statement of defence within 10 days. However, he did not do so within the stipulated period of time, but filed the same on 30.3.2006. In the me antime, the authority took the decision for ex parte hearing. Pursuant to the said ex parte proceeding, it was found that the petition er was guilty of unauthorized absence from duty. Accordingly, the aforesaid pun ishment of removal from service was imposed on him. The respondents, in the counter affidavit have justified their action an d have stated that on earlier occasion also, the petitioner was unauthorizedly a bsent from duty, for which a particular period of 400 days had to be regularized as Leave Without Pay. Besides, prior to the disciplinary proceeding in questio n, there were 3 (three) more departmental proceedings and on each occasion, puni shment was imposed on the petitioner. The petitioner has admitted the charge of unauthorized absence from duty and also the fact that he was directed to join duty within 7 (seven) days, bu t he did not do so. However, according to him, he had to leave the place of post ing because of family problems and also could not re-join his duty for the same reason although, he was directed to join duties. It is in this context, Mr. B.J. Ghosh, learned State counsel submits that since the petitioner has admitted his guilt and he being a member of the disciplined F orce, the disciplinary authority rightly imposed penalty of removal from service . Mr. B. Chakraborty, learned counsel for the petitioner submits that even if the charge is stated to be established against the petitioner, the penalty imposed b eing one of removal from service, is disproportionate to the gravity of miscondu ct. He also submits that the departmental appeal, which the petitioner had filed on 15.3.2007 to the Deputy Inspector General of Police, Assam Police Battalion, West Range, Kokrajhar, Assam has not been disposed of as yet. Without expressing any opinion on the merit of the case of the petitioner, this writ petition is disposed of providing that the appellate authority may take on record the appeal dated 15.3.2007 (Annexure-5 to the writ petition) and dispose of the same strictly in accordance with law. No opinion is expressed on the meri t of the case of the petitioner. Let the appeal be disposed of as expeditiously as possible preferably within 3 ( three) months.