DEO SHARAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition, a challenge has been made to the order of removal dated 22.4.1995 and the Appellate order dated 4.7.1995 contained in Annexure A -7 and A -8 respectively.

(2.) FACTS relevant for the purposes of the writ petition are that the petitioner was a Constable on account of having been appointed on 6.5.1986. After completion of training, he was posted at G.R.P. Itarsi, on 20.2.1988. He met with an accident on 20.3.1994 and suffered fracture in his left leg which was reported by him to the Police Station. He proceeded on one month's medical leave. He failed to attend his duties due to ill -health and submitted medical certificates dated 19.3.1994 and 14.6.1994. Simultaneously, he was also suffering from Sciatica and Arthritis.

(3.) CLAIM of the petitioner has been denied by the respondents No.1 and 2 vide their joint return. It is submitted in the return that the petitioner remained unauthorisedly absent for a period of 103 days (from 6.3.1994 to 16.6.1994). It has been further pleaded that the petitioner has been a habitual absentee and was so found in the departmental enquiry. Accordingly, it is stated that the impugned orders contained in Annexure A -7 and A -8 are not liable to be interfered with on account of having been passed legally.