AMBIKA PRASAD SHER BAHADUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The petitioner has approached this Court after knocking the Court of justice at different forums challenging the punishment and dismissal imposed upon him in a disciplinary enquiry conducted by the respondent employer. The petitioner came to be appointed as a Constable in the Railway Protection Force (RPF) under Badge No. 587 in the Central Railway and was posted in Bombay on 29.9.1984. In April, 1991 while the petitioner was working in the RPF at Bycuila, he received an intimation from his native place in Uttar Pradesh that his wife was seriously ill and, therefore, the petitioner applied for leave and got sanction from 7.4.91 to 12.4.91 and went to his native place to attend to his wife.

(3.) It is the case of the petitioner that his wife was seriously ill and required continuous treatment and medication and no one else was there to look after her, his two children being small and widowed mother being old, the petitioner had to overstay beyond his 6 days leave which was informed to the respondents. Though the respondents acknowledged receipt of the petitioner's letter dated 15.4.91, the petitioner availed of the leave beyond the sanctioned limit under the impression that his request would be considered as he has sent a medical certificate in support of his application for extension of leave.