ARVIND Vs. SECRETARY UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of india being aggrieved by the order dtd. 15/4/2008, whereby he has been dismissed from service w.e.f. 15/4/2008 (AN) and his unauthorized absence period from 14/4/2007 to 15/4/2008 total 372 days has been treated as 'Dies Non' for all purpose. This petition is also against the order dtd. 11/8/2009, whereby the appellate authority has dismissed the appeal maintaining the order of dismissal from service. The petitioner is also challenging the order dtd. 11/2/2010, whereby the Director General of Police has dismissed the revision.

(2.) Facts of the case in short are as under:-

(3.) Shri Bhatnagar, learned counsel for the petitioner argued that the petitioner was sending all the communications to the Commandant, 156 Battalion at Pahalgam (J&K) address and the Battalion made a communication to the address written in the service book. Thereafter, the Battalion moved from Pahalgam to Assam and the petitioner shifted from Rewa to Katni, therefore, there was a communication gap and the letters sent by the petitioner were not received by the Commandant and the notices sent by the Commandant were not received by the petitioner. The petitioner duly submitted medical documents to the respondents, but all have wrongly been rejected. The petitioner is not having any source of income to support his wife and children. He has submitted a mercy petition also, but the same has not been considered. Except overstaying the sanctioned leave, there is no adverse service record of the petitioner. By way of rejoinder, he has filed documents relating to his treatment duly issued by authorized Government Medical Officer. Therefore, one more opportunity be given to the petitioner to serve the organization.