IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1357 of 2011 In Civil Writ Jurisdiction Case No. 5448 of 2006 With Interlocutory Application No. 6627 of 2011 In Letters Patent Appeal No. 1357 of 2011 ====================================================== Bhogendra Jha, S/o Sri Yogendra Jha, R/o Village-Ekparha, P.O.-Tariyama, P.S.-Simri, District-Saharsa. .... .... Petitioner/Appellant Versus 1. The State of Bihar through the Director General of Police, Bihar, Patna. 2. Superintendent of Police, Jehanabad. 3. Deputy Inspector General of Police, magadh Range, Gaya. .... .... Respondents/ Respondents ====================================================== Appearance : For the Appellant/s : Mr. Amish Kumar, Advocate. For the Respondent/s : Mr. Lalit Kishor AAG 1 with Mr. Vikash Kumar, A.C. to AAG 1. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 22-09-2011 Re. Interlocutory Application No. 6627 of 2011: Delay of 96 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1357 of 2011: Feeling aggrieved by the order dated 12th January 2011 made by the learned single Judge in above CWJC No. 5448 of 2006, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant, a police constable, posted under the Deputy Inspector General of Police, Magadh Range, Gaya, left the Patna High Court LPA No.1357 of 2011 (2) dt.22-09-2011 2 / 3 2 place of his posting on 29th April 2001 without sanction of leave or without information to any superior officer never to return back. He did not respond to the notice given to him on account of his continuous absence from service since 29th April 2001. A disciplinary proceeding was initiated against the appellant on 27th July 2001. After due enquiry, the guilt having been proved, by order dated 14th May 2002 made by the disciplinary authority, the appellant was dismissed from service. The said order of dismissal from service was confirmed on 27th August 2004 in departmental appeal. The challenge to the said order in above CWJC No. 5448 of 2006 has failed. Therefore, the present Appeal. Learned advocate Mr. Amish Kumar has appeared for the appellant. He has submitted that at the relevant time the appellant was suffering from mental ailment. He, therefore, could not report for duty. In support of the contention he has produced medical certificate dated 22nd October 2000 issued by the Ranchi Mental Asylum, Kanke, Ranchi indicating that the appellant was suffering from mental depression and was under treatment from 10th March 2000 to 22nd October 2000. Mr. Amish Kumar has submitted that on account of his mental state, the appellant could not report for duty. We are unable to agree with Mr. Amish Kumar. The subject matter is the absence of the appellant since 29th April 2001. For the said period of absence from service no medical certificate has been furnished. Be that as it may, such indisciplined behaviour for a member of the police force cannot be accepted. We agree with the learned single Judge. No case for interference is made out. Appeal is dismissed in limine. Patna High Court LPA No.1357 of 2011 (2) dt.22-09-2011 3 / 3 3 Mr. Amish Kumar has submitted that having regard to long service of 17 years put-in by the appellant, the appellant may be visited with some lesser punishment. He has submitted that the appellant may make representation in respect of the quantum of punishment. We clarify that if such representation is made before the respondent authority, the decision on representation will be binding to the appellant. Rejection of such representation will not give a fresh cause of action to the appellant. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)