JEETENDRA SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has filed this writ application with the following prayer:

(2.) The facts of the case are that the petitioner was initially appointed as a Constable on 16/11/2011 and posted at Bolangir. He was promoted to the post of Havildar on 20. 07.2022. In the meantime, in the year 2016, he underwent treatment for Functional Endoscopy Sinus Surgery (FESS) with Septoplasty and was advised by his treating doctor to avoid excess exposure to cold, hot, rain and humidity condition as also to avoid forceful sneezing. He therefore, submitted a representation for being entrusted with general duties, which was allowed. The ailment resurfaced after five years, for which the petitioner had a medical check-up at Sum Ultimate Medicare, Bhubaneswar on 17/12/2021. The Consultant Physician advised him to undergo CT Para Nasal Sinus examination and also for Sinus surgery. Because of Panchayat and Urban Local Body elections in the month of February and March, 2022, the petitioner was not allowed to apply Earned Leave (E.L.) during that period. He was granted 20 days E.L. by order dtd. 28/3/2022 but because of non-availability of funds, the petitioner did not avail the said leave and underwent homeopathic treatment. While continuing as such, he suffered from Sinusitis on 25/5/2022 and therefore, applied for leave to the IIC, Bangomunda Police Station for his medical treatment. He was sent to P.H.C., Bangomunda along with Constable Girija Kanta Patel for medical examination and treatment as per Command Certificate dtd. 26/5/2022. The doctor at PHC referred him to consult an ENT Specialist at DHH, Bolangir. On being informed, the IIC instructed Constable Patel to take the petitioner to DHH, Bolangir. The petitioner thus, reported before the ENT Specialist on 26/5/2022, who prescribed certain medicines and advised home rest till completion of the course of medicine. Therefore, Constable Patel left the petitioner with the care of his wife at DHH, Bolangir. The petitioner underwent medical treatment as an outdoor patient in ENT Department of DHH, Bolangir from 26/5/2022 to 7/6/2022. He was declared fit by the doctor and joined in his duties on 8/6/2022. He also submitted his medical reports but by order dtd. 24/6/2022 of the S.P., Bolangir, the period from 26/5/2022 to 8/6/2022 was treated as 'No Pay'. Feeling aggrieved, the petitioner submitted a representation before the I.G. of Police (Northern Range), Sambalpur. However, by order dtd. 4/4/2023, the representation was rejected mainly on the ground that the petitioner had not undergone any surgical procedure and was treated only as an outdoor patient. Being thus aggrieved, the petitioner has approached this Court in the present writ application.

(3.) A counter affidavit has been filed on behalf of opposite parties. It is stated that while the petitioner was posted at Bangomunda Police Station, he was mobilised for law and order duty in connection with by-election of six Brajarajnagar Assembly Constituencies of Jharsuguda District to be held on 31/5/2022. He was commanded by the IIC, Bangomunda P.S. to report before S.P., Jharsuguda vide Command Certificate dtd. 25/5/2022 but the petitioner refused to perform election duty on the plea that he had performed such duty at Bolangir during three-tier Panchayatiraj Election, 2022. Further, he refused to receive Command Certificate and created a hue and cry and declared himself sick. All these facts were recorded in the Bangomunda P.S. General Diary on 25/5/2022 and 26/5/2022. It is further submitted that the petitioner intentionally avoided to perform election duty as directed and took the false plea of being sick even though no surgical treatment had been undergone by him. The period in question was therefore, rightly treated as 'No Pay' by the competent authority.