DHARAMBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was enrolled as a Constable in CRPF and earned a promotion to the post of Head Constable. He was having some eye ailment and for which he was under medical treatment of an Ophthalmologist at Postgraduate Institute of Medical Education and Research Chandigarh in respect whereof medical record shows that petitioner commenced treatment on 7.11.995 which continued till around July 1996. We shall be referring to the said record soon hereinafter at the relevant stage. THE battalion to which the petitioner was attached was transferred to Tripura and as would be noted hereinafter, there are medical documents to show that in the month of August 1996 the petitioner was under treatment for the eye ailment when he was at Tripura.

(2.) THE petitioner sought 30 days? leave on account of the death of his mother. It was sanctioned from 26.8.1996 to 24.9.1996.

(3.) IT appears that since the petitioner had informed the Commandant that he was admitted at the Base Hospital, Jarodha Kalana, CRPF on 8.11.1996, in response to a communication, the Chief Medical Officer of the said hospital had sent a certificate dated 26.11.1996 certifying that the petitioner was fit to join duties. Being in receipt thereof, vide letter dated 14.1.1997 the Commandant once against required petitioner to report back. The petitioner did not report back. On 14.3.1997 proceedings were initiated before a Magistrate to obtain an arrest warrant as the petitioner was treated as a deserter. The petitioner could not be located and vide order dated 15.7.1997 he was declared a deserter.