K. KUMAR, NELLORE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is challenging the proceedings dtd. 13/7/2001 issued by the 4th respondent dismissing the petitioner from service. The petitioner is also challenging the proceedings dtd. 19/4/2006 and further proceedings dtd. 31/5/2011 passed by the respondents 2 and 3 respectively affirming the order of dismissal dtd. 13/7/2001.

(2.) The petitioner was working as a Constable in CISF (Central Industrial Security Force). On 14/11/2000, while the petitioner was on duty, he suffered with stomach pain and after informing his shift in-charge, the petitioner left for home, and his family members shifted him to his native place. Crime No.183 of 2000, which was registered for theft of Hybrid Micro Circuit with Kengari Police. The police recovered the Circuit, which valued Rs.1,40,000.00 from K.U.Subarmani. The petitioner was also allegedly involved in the commission of theft as per the statement of K.U.Subarmani. Charge sheet dtd. 30/12/2000 was issued to the petitioner alleging misconduct and dereliction of duty resulting in theft of Hybrid Micro Circuit. A charge on unauthorized absence was also framed. An enquiry was conducted, and after calling for explanation on the enquiry report from the petitioner, the disciplinary authority passed orders of dismissal dtd. 13/7/2001.

(3.) It is submitted that the petitioner suffered with depression after coming to know of his dismissal. It is also submitted that the petitioner underwent treatment for depression for a considerable period of time and was found fit to rejoin duty and a certificate dtd. 1/3/2005 was issued by the doctor.