GULAM SHAMEEMUDDIN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) FACTS (1) This is a case of desertion. (2) The deserter is a Constable working in Andhra Pradesh Police. (3) Long unauthorized absence leading to disciplinary action resulted in dismissal of the deserter from service. (4) Being aggrieved, the deserter approached the State Administrative Tribunal. (5) The Tribunal confirmed the orders of dismissal. (6) The legality of the said order is now questioned. (7) The deserter is hereinafter referred to as the petitioner. (8) ADMITTED FACTS: The appointment of petitioner as Police Constable in June, 1979 and his subsequent training, posting, regularization, probation. Admittedly, he was absent from duty during 10-6-1987 to 22-1-1989 and it is continuous without applying or sanction of any kind of leave.

(2.) CASE OF PETITIONER: He was absent due to sickness as he developed chest pain on 10-6-1987 and he obtained sick passport from the concerned Inspector of Police and was treated at Osmania General Hospital from 10-6-1987 to 10-8-1987 and as directed he used to mark in sick attendance at Begumpet P.S. It is also his case that R.M.O., Osmania General Hospital referred him to mental hospital from 11-8-1987 to 22-1-1989 and accordingly he was treated at Government Hospital for Mental Care, Hyderabad and he had produced the medical certificates but they were not considered. (1) PRAYER: The prayer of the petitioner is to quash the order of the Tribunal as illegal, improper, unjust, arbitrary and direct the Commissioner of Police, Hyderabad, (the first respondent) to reinstate him into service with all consequential benefits.

(3.) CASE OF RESPONDENTS: