S SHANMUGARAJAN Vs. STTATE OF TAMIL NADU

JUDGEMENT

(1.) This writ appeal is filed by the appellant challenging the order of the learned Single Judge passed in W.P.No.11164/2006 dated 22.09.2008, wherein the learned Single Judge has upheld the order of removal from service of the petitioner from the post of Grade II Police Constable on the ground of desertion. The appeal as well as mercy petition filed before the Department was also rejected.

(2.) The crux of the charge framed under Rule 3(b) of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955, against the appellant is that the appellant availed casual leave from 26.6.2004 to 30.6.2004 and extended the casual leave from 1.7.2004 to 5.7.2004 and thereafter, availed medical leave from 6.7.2004 to 15.7.2004 without joining duty on 6.7.2004, thereby absented for 21 days from 16.7.2004 voluntarily without any permission to leave and thus deserted duty and he did not appear before the commandant within 60 days from desertion and explained the reasons for his absence even after instructions.

(3.) The defence of the applicant was that he had entered on casual leave from 26.6.2004 to 30.6.2004 and due to ill health he extended the casual leave from 1.7.2004 to 5.7.2004; that as his health still worsened he went to Government Hospital, Tindivanam, and in accordance with the recommendation of the medical officer, he submitted application for medical leave for 10 days from 6.7.2004 to 15.7.2004; that as he did not recover by then, he asked his parents to send application for medical leave and they did not do so as they were ignorant of that procedures; and that, only due to ill health he could not report for duty.