K.SAMPATH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this writ appeal is to an order dated 21.12.2009 made in W.P.No.31023 of 2007, by which, the writ court, declined to quash the order No.P.VIII-04/06-EC-III(61) and order No.146/2007 dated 02.06.2001 passed by the Deputy Inspector General of Police, GC-II, CRPF, Foy Sagar Road, Ajmer, Rajasthan, namely the third respondent herein, and consequently, refused to issue any directions to reinstate the appellant as Constable with all monetary benefits.

(2.) Facts leading to the writ appeal are that on 28.08.1988 the appellant herein was enlisted as Constable in Central Reserve Police Force. While serving in 61st Battalion, he was sanctioned 15 days casual leave from 14.6.2005 to 4.7.2005. After expiry of leave, he did not join duty. But he sent a telegram to the Officer Commanding, A/61 Battalion, CRPF, stating that he was not well and requested to extend his leave for one month from 05.07.2005 to 03.08.2005. The Officer Commanding A/61 Battalion informed the petitioner that his leave was not extended as he did not submit any document in support of his illness and directed him to report for duty or to submit documents to prove his illness.

(3.) The Officer Commanding, A/61 Battalion, received a registered letter in which the appellant, has sent a medical certificate for extension of 30 days leave. The said officer received another letter from the appellant for extension of 60 days leave with effect from 04.08.2005 enclosing another Medical Certificate issued by Dr.V.M.S.Prabhuraj, stating that his absence from duty for 60 days from 04.08.2005 to 02.10.2005 was absolutely necessary for restoration of the appellant. Even after expiry of 90 days, the appellant did not join duty and continued to remain absent from duty without sanction of leave from the Competent Authority. Hence Commandant 61 Battalion initiated disciplinary action against the petitioner vide memorandum dated 14.02.2006.