P. SRINIVASAPPA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the service at second respondent Central Industrial Security Force ('CISF' for short) as a Constable on 23.12.1988; his services were confirmed on 23.12.1989; the petitioner was deputed to work at Ministry of External Affairs, New Delhi and was posted to Indian Embassy, Mexico in the month of December, 1999. On 5.10.2000, the petitioner was diagnosed with the disease called Hepatitis B+ at Mexico; He was medically examined and he started taking treatment from that day. Subsequently, in the year 2003, the petitioner was transferred to Indian Embassy, Athens, Greece. Till 10.10.2005, he continued at Athens, Greece and on which date, he made a representation to transfer him to his home town since he was suffering from the aforementioned disease. The Head of Chancery (the first Secretary) recommended his case of transfer to CISF, New Delhi and accordingly, the petitioner was transferred from Athens to Tuticorin, Tamilnadu, India on 19.4.2006. The petitioner was granted leave for one month from the Ministry of External Affairs on 20.4.2006. However, the petitioner gave representation on 22.5.2006 praying for one year medical leave based on the medical report, inasmuch the petitioner needs treatment. By the time, he came to know that he is posted to NLC, Neyveli. On 10.8.2006, the petitioner made one more representation for retransfer from CISF Unit NLC, Neyveli to Bangalore since his native place is within Kolar District of Karnataka State (Bangalore, being the nearer place to his native place). He made such representation with a view to continue with treatment from Expert Doctors such as Gastroenterologist, Hepatologist etc. He had been making representations for extension of leave and retransfer to Bangalore. But the leave was not extended in his favour. Neither he was granted extension of leave nor he was posted to Bangalore. Ultimately, on 4.8.2008, a charge sheet came to be issued against him on the ground of absentism. The enquiry was conducted, wherein the petitioner remained absent. Based on the enquiry report, the Disciplinary Authority has dismissed the petitioner from service on 25.2.2009. The appeal filed by the petitioner before the Departmental Appellate Authority came to be rejected. Revision also came to be rejected. As against such orders, this writ petition is filed.

(2.) It is the contention of the petitioner althrough that he has been suffering from an incurable disease Hepatitis B+ and he has been taking treatment continuously; he is from Kolar District of Karnataka State and thus, he requested for transfer to Bangalore from Tamil Nadu. It is not in dispute that the petitioner has worked from 1988 till 2006 in the places wherever he is posted. As mentioned supra, he was transferred to Indian Embassy, Mexico and thereafter transferred to Indian Embassy, Athens, Greece. While working in those countries, he started suffering from the disease called Hepatitis B+. The said disease has remained uncured till this day.

(3.) Along with the writ petition, the petitioner has produced the certificate issued by the District Hospital, Kolar dated 20.2.2008 vide Annexure-'K', which reads as under: