RAJVIR SINGH Vs. UOI & ORS

JUDGEMENT

(1.) The Petitioner who has been compulsorily retired from service has filed the present writ petition under Article 226 of the Constitution of India assailing the orders passed by the Disciplinary and Appellate Authority of the Railway Protection Force (Respondents).

(2.) The Petitioner was recruited as Sub-Inspector in Railway Protection Special Force on 20th March, 1979. He was promoted to the rank of Inspector, Grade-II on 6th May, 1991 and was posted at Ferozpur. It is the stand of the Petitioner, that at that time, he fell ill with pain in his gall bladder and was admitted to the Railway Hospital, Ferozpur. He was diagnosed with gall bladder stones and was referred to the Northern Railway Hospital, New Delhi, where he was advised to undergo surgery for the aforesaid illness. The Petitioner was hesitant to undergo surgery and opted for Ayurvedic and Unani treatment.

(3.) The aforesaid modes of treatment being time consuming, the Petitioner accordingly filed an application dated 18th April, 1992, seeking sanction of 75 days leave w.e.f. 25th April, 1992. This request was accepted vide order dated 14th May, 1992, and accordingly he was sanctioned leave for a period of 75 days w.e.f. 1st June, 1992. A movement order dated 1st June, 1992 was issued to the Petitioner to move to Danapur. Petitioner requested for an extension of leave by 90 days, which was allowed for 45 days LWOP (Leave Without Pay) by the competent authority w.e.f. 16th August, 1992 to 29th September, 1992. On 30th September, 1992, Petitioner applied for a further extension of 45 days LWOP, however, his request was not acceded to as he had already availed maximum permissible leave of 120 days.