Mumbai: In a recent judgement, the Bombay High Court upheld the dismissal of a constable for going on a long leave without permission.

S D Sumnam, a constable attached to Nigdi police station, was dismissed from service by the Deputy Commissioner of Police (DCP) on November 21, 1998.

The charge against him was that he did not report for the duty from July 27, 1997 to September 23, 1997.

Also, he had not applied for the leave beforehand.

Therefore the DCP initiated the enquiry against Sumnam and dismissed him from service in November 1998.

Sumnam then applied to the special Inspector General of Police for a review, where his application was rejected.

Thereafter he approached the High Court. His lawyer pleaded that Sumnam was sufferring from jaundice, which was the reason for his long absence without prior intimation.

It was also argued that as he was appointed by the Commissioner of Police, it was not within DCP's authority to dismiss him.

However, the division bench of Justices D K Deshmukh and R Y Ganoo did not accept these arguments.

The Court observed that even after rejoining, there was no evidence that Sumnam had ever submitted formal application regarding leave.

His conduct was clearly in breach of service rules, the Court held, dismissing the petition.