V SHANMUGANATHAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) WRIT of certiorarified mandamus is preferred by the petitioner seeking to call for the records relating to the order, No. V-11014/27/99-Landr/cisf/pers. I/mha 2668, dated 13. 08. 1999, passed by the first respondent, so far, it is against the petitioner and the enquiry report, dated 11. 10. 1999, submitted by the sixth respondent and the consequential order, dated 02. 02. 2000 made in No. V-15014/5/99/vs/ad. II/1471, passed by the fourth respondent, confirmed in Ref. No. V-15099/nes/ld/apl/03/2000/10249, dated 07. 11. 2000 by the third respondent and in Ref. No. V-11014/27/1999-L and R/1516, dated 24. 05. 2001 by the second respondent and quash the same and direct the respondents to reinstate the petitioner in service with all attendant benefits.

(2.) IT is not in dispute that the petitioner was appointed as Assistant Sub Inspector (Clerk / Typist) in the Central Industrial Security Force ( herein called as CISF), by way of direct recruitment in the year 1976 and thereafter, promoted to the rank of Inspector in the year 1990. While, he was working as Inspector in the Office of Assistant Inspector General / ESTT, New Delhi, on administrative grounds, by order dated 10. 12. 1993, he was transferred from CISF Head Quarters to CISF Unit, Oil Duliajan (Assam) and movement order, dated 13. 12. 1993 was issued by the Assistant Commandant / HQ. Estt, by his office proceedings and the petitioner was directed to report duty on or before 28. 12. 1993, but he did not join duty on the specified date.

(3.) ACCORDING to the petitioner, on 06. 12. 1993, he met with an accident at New Delhi, due to which complications arose and hence, he moved to Chennai for treatment. According to him, he had sent leave application, enclosing medical certificate, issued by the Government Doctor, advising complete bed rest, due to severe internal injuries and other complications. Subsequently, he received charge memorandum, dated 21. 08. 1995, treating the medical leave as unauthorised absence. The charge framed against him was as follows :