MASIH JABU KHALKU Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 13.11.1998 whereby the learned Single Judge has dismissed the writ petition challenging the order of removal dated 22.12.1994 passed by the disciplinary authority as well as the appellate order dated 01.02.1996 affirming the same.

(2.) The writ petitioner was a constable of Railways Protection Force in South Eastern Railway. He absented from duty on and from 24.08.1992. Despite notice,he did not report to his duties. A disciplinary proceeding was initiated against the petitioner and copy of charge-sheet was sent to him.

(3.) On receipt thereof, Renuka Khalku, wife of the writ petitioner, wrote a letter dated 29.03.1993 wherein she stated that her husband was suffering from mental illness and was undergoing treatment at Ranchi. By another letter dated 14.06.1993, the authorities called upon the petitioner and/or his wife to send unfit medical certificate in support of his sickness. No such certificate was filed.