INDRAPAL SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This appeal has been filed from the order dated 18th April, 2008 in W.P. 7531 (W) of 2003.

(2.) Counsel for the appellant/writ petitioner submits that the appellant was appointed in 1987 for the post of Constable. Three letters had been received by him from his native village on and from 14th March, 1992 to 21st March, 1992. As a consequence, leave was applied on 16th March, 1992 and sanction was sought for forty days on and from the said date. Though application was received, the leave was not recommended. The appellant could not wait for sanction of his leave, as his wife was to deliver and was in a serious condition. On reaching his native village, his wife delivered a baby and although he was inclined to join his duty he suffered a lacerated wound on 23rd April, 1992 and this prompted him to stay in the village till 19th June, 1992. Medical certificates in respect of the appellant and his wife was pleaded in the supplementary affidavit though crave leave had been sought.

(3.) An application for leave was also filed on 23rd March, 1992 and was sent by the appellant to the Deputy Inspector General for attending to his wife and child at his home. The order dated 4th July, 1992 was received wherein copy of the Enquiry Report was supplied to the appellant. It was informed to him that he would be entitled to make a representation or submission in writing to the Disciplinary Authority within fifteen days of receipt of the order.