ZULFIQUAR KHAN Vs. UOI

JUDGEMENT

(1.) THE present writ petition challenges the order dated 25.11.1997 passed by the Appellate Authority, Deputy Director General, CISF (WZ) whereby the appeal of the petitioner was dismissed and the order dated 30.6.1997 of the Commandant, CISF, Unit IPCL, Baroda, whereby penalty of `removal from service' imposed upon the petitioner was upheld.

(2.) THE brief facts of the case are that the petitioner was working as a Constable with CISF at its IPCL Unit, Baroda. He was sanctioned earned leave from 8th July-22nd July 1996. During the period of the leave, vide letter dated 17.7.1996 petitioner sought extension of leave for 45 days on medical grounds. THE Commandant responded informing the petitioner that he should get himself examined at the nearest Government hospital and obtain and submit a medical certificate pertaining to his alleged sickness and further that the medical certificate should be from the date of admission till discharge from the hospital and should evidence that the petitioner was unable to travel due to serious illness. Petitioner was advised that if he was not seriously sick and was able to travel, he should return to the unit so that he could get proper treatment in the local hospital and that if he was an O.P.D. patient, he should report to the unit for his duty as soon as possible.

(3.) IT need hardly be emphasized that the fact of not being extended leave and overstaying sanctioned leave by 140 days was not a matter in dispute inasmuch as the petitioner pleaded his sickness as the reason for his inability to report for duty and thus it is apparent that in view of the defence taken by the petitioner, the department having laid the foundation for the charge required the defence to be established.