DUDHNATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner has assailed the legality and validity of the order of compulsory retirement passed by the Commandant of 11th Battalion S.A.F. Bhilai on 28/04/2001.

(2.) At the relevant time petitioner was working as Constable in the 11th Battalion S.A.F. Bhilai. He remained absent from duty w.e.f. 29/07/2000 without seeking permission or giving prior intimation to his superior officer. Petitioner submitted leave application at regular intervals without joining duty and in support of the application he used to submit medical certificates.

(3.) The Commandant issued a communication to the Civil Surgeon on 25/09/2000 for examining the petitioner from the Medical Board, copy of this communication was also sent to the petitioner on 20/10/2000 and 04/11/2000, however, he did not examine himself before the Medical Board. He was again advised to get himself examined by the Medical Board on 13/12/2000.