IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.120 of 2011 MUNNA KUMAR, SON OF LATE SHIV PUJAN SINGH, RESIDENT OF VILLAGE KEOTAR, P.O. AND P.S. MAKHDUMPUR, DISTT. JEHANABAD (BIHAR) ------ PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE D.G. CUM I.G., BIHAR, PATNA. 3. THE I.G. OF POLICE CUM ADDITIONAL D.G. TRAINING, BIHAR, PATNA. 4. THE S.P., C.T.S., NATHNAGAR, BHAGALPUR. 5. THE D.I.G, P.T.C., HAZARIBAGH. RESPONDENTS. ----------- 4. 13.4.2011 Heard learned counsel for the Appellant, learned counsel for the State and learned counsel appearing for the Appellate Authority, Respondent No. 5. The charge against the Appellant in the disciplinary proceeding was that as a Constable, he unauthorizedly absented himself for various periods which totalled to 239 days. The report was brought on record as Annexure-B in the counter affidavit of Respondent Nos. 2 to 4 in the writ proceeding. That discloses the defence of the Appellant in his show cause as mere justifications for his proceeding away from duty without obtaining leave. Admittedly, the different periods were periods of unauthorized absence as the Appellant never applied for leave before going away from duty. We find no illegality in the disciplinary proceeding or in the order of the learned Writ Court to warrant interference. The Appeal, is, therefore dismissed. In view of the matter having been considered on 2 merits, the limitation is of no consequence but in the facts of the case, the application to condone the delay in preferring the Appeal is allowed. S.Ali ( Shiva Kirti Singh, J.) (Akhilesh Chandra, J.)