JAYARAMAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE Original Application in O.A.No.7712 of 1998 before the Tamil Nadu Administrative Tribunal is the present writ petition.

(2.) THE petitioner joined in service as Grade II Police Constable on 15.12.1979. He was promoted as Grade I Police Constable in the year 1995. He absented from duty without permission or leave from 04.11.1997 for 21 days and therefore, he was treated as deserter by the office proceedings with effect from 5.11.97 and the same was served on 9.12.97. He sent a medical certificate on 24.11.97 by post, which was received by the respondent on 26.11.97. However, he appeared before the respondent on 30.01.98. He was permitted to join duty by the respondent. But, a charge memo dated 28.02.98 was issued alleging that he absented from duty from 4.11.97 to 25.11.97. Based on enquiry, he was imposed with the punishment of compulsory retirement by the impugned order dated 18.8.98.

(3.) LEARNED counsel for the petitioner states that even as per the reply affidavit, the medical certificate was sent on 24.11.97 and the same was received by the office on 26.11.97. Since the certificate was sent within 21 days, this could not be termed as desertion.