RAMAVATAR SHRI DADURAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the validity of impugned order dated 31. 3. 2002 (Annexure-P-1) and appellate order dated 3. 5. 2002 (Annexure-P-3) being illegal, arbitrary, harsh, against the principles of natural justice and unconstitutional with a further prayer to direct the respondents to reinstate him with all consequential benefits of continuous service.

(2.) THE petitioner before passing of the impugned order of punishment Annexure-P-1 dated 31. 3. 2003 was serving on the post of Constable under the respondents. At the relevant point of time, he was posted at Jabalpur under the Commandant, 6th Battalion, Special Armed Force, Jabalpur.

(3.) AS per the case of the petitioner, on 21. 8. 2001 while he was posted at Jabalpur, he received an information that his brother suffered a paralytic attack and he has to attend his brother immediately. Eventually, the petitioner prayed for grant of leave with permission to leave headquarters. His immediate superior officer, at the relevant point time was Shri R. P. S. Thakur, Company Commander, who did not allow him to go on leave. Thereafter, the petitioner approached Commandant (respondent No. 3) who relieved him granting four days earned leave. The petitioner proceeded on leave on 21. 8. 2001 at 8. 30 p. m. and this fact has also been recorded in the Roznamcha.