JUDGMENT : 1. Aggrieved of dismissal from service, the petitioner has challenged orders dated 31.08.2011 and 30.07.2015. 2. The petitioner, who proceeded on compensatory leave of 8 days for the period between 29.11.2010 to 07.12.2010, did not join his duty. Several letters were sent at his home address and when he did not report for duty a departmental proceeding was initiated again him. Notices in the newspapers were published still, he did not participate in the departmental proceeding which, thus, was held ex-parte. An enquiry report was submitted which was accepted by the disciplinary authority, who imposed a penalty of termination from service vide order dated 31.08.2011. The petitioner came to this Court in W.P.(S) No.5566 of 2013, which was disposed of by an order dated 17.03.2015 granting liberty to him to file a departmental appeal. The appeal preferred by the petitioner has been rejected vide an order dated 30.07.2015. Memorial submitted by the petitioner has also been rejected on 04.01.2016. Aggrieved, the petitioner has approached this Court. 3. The petitioner has taken a plea that in course of treatment of his brother who had met with an accident, he also lost his mental balance and remained under treatment for 16 months. He has produced medical certificates in this regard. The appellate authority has taken note of the medical certificates produced by the petitioner, however, agreeing with the order passed by the disciplinary authority confirmed the order of termination from service. While rejecting the appeal, the appellate authority has observed that if the petitioner was suffering from mental illness, he could have informed the department about the same. 4. In the counter-affidavit, the facts pleaded in the writ-petition have not been disputed by the respondents. The respondents have admitted that the petitioner proceeded on compensatory leave for 8 days and he has produced medical certificates in support of his stand that he was under treatment for mental illness. It is not the case pleaded by the respondents that the medical certificate produced by the petitioner is not genuine or that the petitioner was not suffering from mental illness. This fact, in fact, has not been ascertained by the department still, the stand of the petitioner has been rejected by merely saying that he has failed to inform the department about his mental illness. This fact, in fact, has not been ascertained by the department still, the stand of the petitioner has been rejected by merely saying that he has failed to inform the department about his mental illness. The departmental proceeding was conducted ex-parte and the petitioner has been inflicted with the penalty of termination from service. Thus, the petitioner could not avail the opportunity to defend himself in the departmental proceeding. 5. Evidently, the procedure adopted by the appellate authority to arrive at a conclusion that unauthorised absence of the petitioner invites an order of termination from service was erroneous. Without ascertaining the genuineness of the medical certificate produced by the petitioner, the appellate authority could not have agreed with the penalty imposed by the Commandant. If finally it is found that the petitioner on account of his mental illness could not participate in the departmental proceeding, the entire proceeding would vitiate and the department would be required to conduct the departmental proceeding de-novo and only after affording sufficient opportunity to him to defend himself, order of punishment can be imposed upon the petitioner. 6. In the aforesaid facts, I am of the opinion that the appellate order dated 31.07.2015 warrants interference and accordingly, it is quashed. The appeal preferred by the petitioner shall be decided by the appellate authority after verifying his stand in respect of his mental illness, for which the petitioner shall also be granted opportunity to produce other evidences, if any. Let the appeal preferred by the petitioner be decided within a period of three months. 7. The writ-petition stands allowed, in the aforesaid terms.