T C KAUSHIK Vs. UOI

JUDGEMENT

(1.) In the year 1973 the petitioner was appointed as Assistant Central Intelligence Officer Grade II in the Intelligence Bureau, Ministry of Home Affairs and posted at Delhi. In the year 1996 he was transferred from Delhi to Amritsar. The petitioner joined duty at Amritsar on 11.4.1996 and the very next day i.e. on 12.4.1996 he proceeded on casual leave till 20.4.1996. Needless to state the petitioner was to report for duty on 21.4.1996. He failed to do so.

(2.) On 6.5.1996 he sent a medical certificate to his reporting officer at Amritsar, to the effect that he was medically unfit and hence be granted leave. The certificate was obtained from a private Physician, Dr.Vijay Sharma having his clinic at A-70, Budh Nagar, Inderpuri, New Delhi-12. It was mentioned in the certificate that the petitioner was a chronic patient of Cephalic Seizure which has relapsed due to depression caused by the accident of his son. The reporting officer communicated to the petitioner the response to his application dated 6.5.1996 informing him that the medical certificate, being issued by a private practitioner could not be accepted. The petitioner was informed that he should obtain a proper medical certificate, as per rules, from a civil surgeon.

(3.) The petitioner did not do so. He did not even report for duty. The reporting officer of the petitioner sent reminders to the petitioner on 14.5.1996, 31.5.1996 and 3.7.1996 informing the petitioner that either he should report for duty or submit a proper application enclosing therewith a medical certificate issued by a civil surgeon certifying his medical disability.