LAWS(ALL)-2003-5-105

PRABHASH CHANDRA MISHRA Vs. UNION OF INDIA

Decided On May 23, 2003
PRABHASH CHANDRA MISHRA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this writ petition prayer has been made to quash the order dated 31.10.95 (Annexure-6 to the writ petition) passed by Senior Divisional Security Commissioner, Railway Protection Force, Northern Railway, Allahabad and order dated 2.2.98 (Annexure-8 to the writ petition) passed by Chief Security Commissioner, Railway Protection Force, Northern Railway, Headquarters Office, Baroda House, New Delhi and further prayer has been made for commanding the respondents to pay the petitioner his salary and other emoluments with arrears.

(2.) Heard Sri V.K. Singh and Sri G.K. Singh learned Counsel for the petitioner as well as Sri Govind Saran learned Counsel for the respondents.

(3.) As contended on behalf of the petitioner, the petitioner was appointed as a Constable in Railway Protection Force on 5.9,1977 and was transferred to Electric Loco Shed, Ghaziabad from Kanpur on 30.7.1995 and the petitioner was given ten days joining time till 8.8.1995. It appears that on 9.8.1995 the petitioner had fallen ill and was under treatment of Senior Divisional Medical Officer, Eastern Railway Hospital, Mughalsarai for a period of four weeks. Sickness certificate was also issued by the Senior Divisional Medical Officer, however when the condition of the petitioner did not improve he again went under treatment from 5.10.1995 to 29.1.1996 for which sickness certificate was issued by Senior Divisional Medical Officer, Northern Railway, Rai Bareli. Thereafter also he was under treatment from 30.1.1996 to 3.2.1996 and fitness certificate was issued by Senior Divisional Medical Officer, Northern Railway, Ghaziabad. The petitioner when reported for duty on 3.2.1996, he was informed about the dismissal order already passed on 31.10.1995. The petitioner preferred an appeal before Chief Security Commissioner which too was dismissed on 2.2.1998. These two orders dated 31.10.95 and 2.2.1998 are under challenge in the present writ petition.