S MANI Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) The facts giving rise to the present writ petition are as follows:- The petitioner joined service in the year 1984 under Central Reserve Armed Force. On 21.7.98 he had applied for leave as his wife had fallen sick. Thereafter, the petitioner himself fell sick and due to other unforeseen family problems, he could not rejoin duty. In the meantime, the petitioner was declared as deserter. Subsequent representation filed by the petitioner seeking permission to rejoin was rejected. The petitioner has filed this Writ Petition for quashing the proceedings in P VIII-8/98-28-EC.II and for reinstatement in service with backwages.

(2.) It is stated in the writ petition that before passing the impugned order, no notice had been served on the petitioner nor any explanation has been sought for. It has been further submitted that the punishment is grossly disproportionate.

(3.) In the decision reported in 1996(7) S.C.C. 634 (MALKIAT SINGH v. STATE OF PUNJAB AND OTHERS), a Constable employed under the State of Punjab was discharged on the ground that he remained absent from duty for more than one month and nine days and he was irregular in attending to the duty. The absence on one occasion was on account of the fact that he had to attend to his wife, who was ailing. It was observed by the Supreme Court that