Judgment ( 1. ) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought quashment of order Annexure-P-12 dated 31. 1. 94 passed by the disciplinary authority and order Annexure-P-15 dated 11. 10. 94 passed by the appellate authority diluting and modifying the order of the disciplinary authority. ( 2. ) THE petitioner at the relevant point of time was serving on the post of cook, he without obtaining and getting his leave sanctioned remained absent from duty, therefore, a charge-sheet was issued to him. A copy of the charge-sheet has been placed on record as Annexure-P-9. The charge which was framed against the petitioner is that he was assigned the duty in the mess on 30. 3. 1993, but he did not remain present there on that date nor sent any information or leave application. He also disobeyed the order of Major. The petitioner submitted his reply on 27. 7. 93 (Annexure-P-10) explaining that 30. 3. 93 was his weekly holiday and on 31. 3. 93 he was not allowed to join his duty. The evidence was recorded in the departmental enquiry and the disciplinary authority vide order Annexure-P-12 dated 31. 1. 1994 awarded the punishment of reduction by one stage from Rs. 1050/- to Rs. 1030/- in the time scale of pay of Rs. 800-1150 for a period of one year with cumulative effect. Aggrieved by this order an appeal was preferred by the petitioner and the appellate authority vide order Annexure-P-15 dated 11. 10. 1994 by adopting sympathetical attitude modified and diluted the order of punishment and directed reduction of pay from Rs. 1050/- to Rs. 1030/- for a period of one year without cumulative effect. ( 3. ) ON going through the reasonings assigned by the disciplinary authority which is based on appreciation of evidence, it is gathered that since not only the petitioner absented himself on 30. 3. 93 from discharging his duty in the mess without obtaining any leave, but also disobeyed the order of the higher officer, therefore, I am of the view that the sympathetical attitude adopted by the appellate authority cannot be said to be arbitrary in nature. The petitioner was appointed on the post of cook and if he was assigned the duty in the mess, he was duty bound to carry out the order. ( 4. The petitioner was appointed on the post of cook and if he was assigned the duty in the mess, he was duty bound to carry out the order. ( 4. ) NO case of judicial review is made out. The punishment which is diluted and awarded by the appellate authority cannot be said to be shockingly disproportionate. As a matter of fact sympathetical attitude was adopted by the appellate authority. ( 5. ) THIS petition is found to be bereft of any substance and the same is hereby dismissed with no order as to costs.