V VALLINAYAGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the wife of Late T.Venkatachalapathy. The petitioner's husband was employed as a Police Constable in Narikudy Police Station. He reported sick on 19.08.1974 and he went on medical leave. He was to report duty on 28.04.1975 with fitness certificate. But he did not report to duty on 28.04.1975. Hence, he was declared as a "deserter" and disciplinary action was initiated against him for his unauthorised absence from 28.04.1975 to 27.07.1975. The fourth respondent - disciplinary authority passed an order dated 09.09.1977 dismissing him from service from the date of desertion.

(2.) ACCORDING to the husband of the petitioner, the Medical Officer recommended leave for taking rest and treatment. Accordingly he was passported on 01.04.1975 on medical leave and he was to report duty on 28.04.1975 with fitness certificate. However, he became sick and took treatment as an outpatient at Government Erskine Hospital, Madurai from 28.04.1975 to 28.07.1975. Narrating the same, though he sent a letter to the Sub-Inspector of Police, Narikudy Police Station, through registered post, the Sub-Inspector of Police refused to receive the same and returned the same to the petitioner's husband.

(3.) AGAINST the dismissal order, the petitioner's husband preferred an appeal before the third respondent - appellate authority and the same was rejected by the third respondent by an order dated 02.03.1978.