P.C. DAMODARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed to set aside the order of removal from service passed by the Original Authority dated 26.10.2010 and confirmed by the Appellate Authority dated 08.2.2011 as well as the Revisional Authority dated 29.11.2011 and for a direction to reinstate the petitioner with all monetary and consequential benefits.

(2.) THE case of the petitioner is that he joined in the 2nd respondent's office as Constable Dobhi on 1.2.1978 and he had completed 31 years of service and he received several reward certificates from the Inspector General and Deputy Inspector General of Central Industrial Security Force. According to the petitioner, he is suffering from tuberculosis for the past several years and due to his ill -health, he could not attend the duties and he applied for medical leave from 09.10.2009 to 10.8.2010 for a period of 310 days and he has also filed medical certificate issued by the Senior Civil Surgeon. Earlier also the petitioner took medical leave on different spells by producing the medical certificates. Availing of leave by the petitioner was seriously viewed and the petitioner was issued with a charge memo on 01.3.2010 under Rule 36 of Central Industrial Security Force Rules, 2001 as under: -

(3.) MR .N.Ramesh, learned Central Government Standing Counsel appearing for the respondents submitted that the petitioner was imposed with punishment 10 times for various delinquencies and the order of removal from service is justified.