SURENDER KUMAR MUDGAL Vs. UOI

JUDGEMENT

(1.) THE petitioner questions the order dated 7.9.1992 dismissing him from service as also the order dated 10.2.1993 rejecting the departmental appeal filed against the order dated 7.9.1992 and also the order dated 13.12.1993 rejecting the Revision Petition filed by the petitioner.

(2.) FACTS pleaded by the petitioner are that he joined CRPF as a Constable on 16.6.1983 and was deputed, after initial training, to join the 73rd Battalion, CRPF and that in the year 1988, for a period of 3 years, he was sent on deputation to the Delhi Armed Police and that on 13.5.1991, a date by which he completed 3 years' service on deputation under the Delhi Armed Police, he was attached with the 3rd Battalion, DAP, and on 13.5.1991 he was repatriated to CRPF but before he could obtain the necessary `No Dues Certificate' and obtain a formal order relieving him from DAP, to enable him to join CRPF, he became sick and was detected as suffering from viral Hepatitis on 31.5.1991 which lasted till February 1992. As per the petitioner, due to sickness he could not get processed his case for issuance of a formal release order, post issuance of a `No Dues Certificate' from the Administrative Officer of the 3 rd Battalion, DAP. He recovered from the sickness on 9.3.1992 and thereafter reported to the CRPF authorities on 4.4.1992.

(3.) PETITIONER asserts that he sent by post to the Commandant of the 3rd Battalion, DAP medical papers of his sickness and thus states that since he was not formally relieved from the Delhi Armed Police he continued to inform the Commandant of the 3rd Battalion, DAP of his sickness and therefrom petitioner seeks to conclude that he informed the competent authority of his being sick.