LAXMIDHAR NAYAK Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioner in this writ petition assails the order of his removal from service dated 25.6.2004 passed by the Commandant, 10 Battalion, Central Reserve Police Force, opposite party no.3, pursuant to an ex -parte enquiry, on the ground of unauthorized absence.

(2.) THE petitioner pleads that he was working as a Constable(G.D.) under the Deputy Inspector General of Police, Central Reserve Police Force, opposite party No.2, bearing Force No.871261159. He was granted casual leave w.e.f. 30.11.2000 to 7.12.2000. During leave period, the mother of the petitioner died, therefore the petitioner applied for extension of leave for one month. He further pleads that thereafter he became sick and continued under medical treatment with effect from 15.12.2000. He further pleads that the Central Reserve Police Force (hereinafter referred to as "CRPF" for brevity) doctor treated him on 17.2.2001, but due to serious illness of the petitioner, the CRPF doctor referred the case of the petitioner to Bhubaneswar Government Hospital. Due to such continued illness and financial problem the petitioner could not stay at Bhubaneswar for a long period and was compelled to move his native place for treatment of rheumatic arthritis at Bhanpur Hospital. He further pleads that he had been regularly communicating the authorities regarding his illness and submitted the leave application for extension on medical ground along with the medical certificate.

(3.) AFTER knowing that he has been declared as an absconder and a Departmental Proceeding had been initiated against him, the petitioner approached this Court by filing a writ petition bearing W.P.(C) No.11781 of 2003 for quashing of the Departmental Proceeding. During pendency of the said writ petition, opposite party no.3 passed the order of removal. Hence, the petitioner had to withdraw the aforesaid writ petition to approach the appellate authority. It is further pleaded that while granting withdrawal of the writ petition, this Court permitted the petitioner to approach the appellate authority within a period of one month from the date of passing the order and further stipulated that if such an appeal is filed, the appellate authority shall entertain it and dispose of the same in accordance with law.