R VEERAMANI Vs. SECRETARY TO GOVERNMENT HOME DEPARTMENT

JUDGEMENT

(1.) THE writ petition is directed against the order of the 5th respondent dated 19. 3. 2002, which was confirmed by the 4th respondent on appeal by order dated 9. 8. 2002, again confirmed by the third respondent by order dated 19. 2. 2003, confirmed by the second respondent by order dated 28. 4. 2004 and further confirmed by the Government, the first respondent herein in G. O. 2 (D) No. 324 Home (Pol. IX) Department, dated 22. 5. 2006 and for direction to reinstate the petitioner with consequential monetary and other service benefits.

(2.) THE petitioner joined as Grade II Constable on 16. 4. 1997 and was promoted as Naik. Due to sickness of his mother, it is stated that he availed medical leave on 3. 7. 2001 and 4. 7. 2001. Thereafter, since he is stated to have fallen ill, he extended the medical leave till 4. 8. 2001. Since the family members of the petitioner did not inform the same to the respondents in proper manner, the 5th respondent treated the petitioner as deserter on 26. 7. 2001.

(3.) THE orders are challenged on the ground that the punishment is excessive, unjust and disproportionate and the orders were passed without application of mind and without proper enquiry and the same are against the statutory rules. It is stated that in a similar case, the second respondent modified such kind of punishment into one of stoppage of increment.