PREM RAJ BHOLA Vs. UNION OF INDIA

JUDGEMENT

(1.) Prem Raj Bhola i.e. the Petitioner joined service as an Assistant Sub-Inspector under CISF on 28.8.1986 and in April 1989 earned promotion to the post of Sub-Inspector. He was an outstanding sportsman and earned gold and silver medals in the All India Police Games held in the year 1988 till the year 1994 he won 4 gold medals and 3 silver medals spread over 6 years. Posted at the battalion stationed at Mazagaon Docks, Mumbai, Petitioner was sanctioned 15 days' leave from 31.8.1996 till 24.9.1996. He came to Delhi, where his family resides and since he did not report back on 25.9.1996 a letter dated 26.9.1996 was written to him requesting him to join forthwith. He responded by informing that he was unwell and sought leave to be extended and enclosed a certificate issued to him by a Consultant Physician at Safdarjung Hospital on 24.9.1996 recommending 30 days' leave on the fact that Petitioner was suffering from 'Lumbago Sciatica'. The Department responded by requiring the Petitioner to appear before a Medical Board on 11.11.1996 to which Petitioner responded on 6.11.1996 that he could not move and present himself before the Medical Board.

(2.) The stalemate continued when, on the charge of not joining for duty a charge sheet dated 15.1.1997 was served upon the Petitioner who responded on 24.1.1997 by asking leave to be extended, which was refused. On no reply being filed to the charge sheet an Inquiry Officer was appointed who vide notice dated 24.2.1997 required Petitioner to appear before him on 17.3.1997 and Petitioner responded on 6.3.1997 informing the Inquiry Officer that being unwell and unable to move, he cannot appear. The Inquiry Officer changed the date to 22.3.1997. Petitioner did not appear and hence an ex parte inquiry was conducted and report submitted on 1.4.1997 holding Petitioner guilty. Obtaining a medical certificate dated 15.4.1997 certifying that he was fit, Petitioner did not join in view of the communication dated 5.4.1997 requiring him to respond to the inquiry report dated 1.4.1997. Receiving no response to the inquiry report, the Disciplinary Authority inflicted penalty of removal from service on 7.5.1997 as also treating the period 25.9.1996 till date as dies-non. Appeal dated 26.5.1997 was rejected vide order dated 26.12.1998 communicated to the Petitioner under cover of letter dated 6/7.1.1999. Petitioner challenged the penalty levied by filing a suit for declaration that the penalty was illegal. He reviewed the suit and filed the instant writ petition in the year 2002 questioning the penalty levied.

(3.) It is true that the Petitioner has obtained medical certificates certifying that he is unfit, and which certificates he had produced before the Appellate Authority, but we find that the Appellate Authority has given good reasons to justify the conclusion that the certificates are highly suspicious documents. The Appellate Authority has noted that the serial numbers of the certificates are not in ascending order and this establishes the same being contrived documents.