RAMBILASH RAJAK Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner is hereby challenging the pregnability of the impugned order Annexure P/1 dated 11-2-1998 by which the petitioner has been punished by removal from service.

(2.) This fact is no more in dispute that at the relevant point of time the petitioner was serving on the post of Constable in Central Industrial Security Force (in short, 'the CISF') and was serving at Barwaha. The petitioner vide Annexure P16 dated 2-12-1996 on account of his impaired health submitted an application in his Battalion to undergo the treatment. That application was forwarded by the Asstt. Commandant. The contention of Mr. Saraf, learned counsel for the petitioner is that the Doctor has advised home rest for 45 days. The petitioner also requested for grant of Railway warrant to and fro from Barwaha to Patna, Mr. Saraf by inviting my attention to several documents of Primary Health Centre, Barwaha has stated that petitioner was suffering from Blood Typhoid and he was undergoing the treatment. Asstt. Surgeon Primary Health Centre, Barwaha also certified that petitioner is suffering from Anaemia, Malaria and Typhoid and advised for home rest for 45 days from 2-12- 1996. This fact is no more in dispute that the petitioner is resident of Patna and since he was advised for home rest he did go to his native place. It has been contended by Mr. Saraf, learned counsel for the petitioner that at Barwaha no accommodation was provided to the petitioner.

(3.) The petitioner resumed his duty on 25-2-1997 and he was allowed to join his duties. After having joined his duty and serving for near about 7 months, on 17-9-1997, the petitioner was charge sheeted. Following charges were framed against him: Art. I :