M.DHANACHANDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking to set aside the order dated 28.11.2015 rejecting the revision petition and confirming the order passed in the appeal dated 14.09.2015 preferred against the order of dismissal dated 30.04.2012 passed by the disciplinary authority and to direct the respondents to allow the petitioner to rejoin the service.

(2.) Succinctly put, the facts of the case run thus: The petitioner was appointed as Constable and was posted at different places. While he was in service and posted at Delhi, the petitioner was granted earned leave for 60 days with effect from 6.1.2011 to 6.3.2011. Before expiry of the earned leave, the petitioner started suffering from psychiatric problem and was not able to think and act normally and he underwent treatment at Regional Institute of Medical Sciences Hospital (RIMS), Lamphel. Only in the early part of 2014, the petitioner was able to start thinking and act normally. On 28.3.2014, the petitioner was taken to RIMS hospital, where, after a thorough check, he was certified to be both physically and mentally fit to resume his normal duties with effect from 28.3.2014,after more than two years of treatment.

(3.) After the petitioner recovered from his mental sickness, his family started enquiring about the status of his service. On 25.4.2014, one of his family members handed over to him the order dated 30.4.2012 passed by the Commandant of 27thBattalion by which order the petitioner has been awarded penalty of dismissal from service with effect from 30.4.2012 and also declared the OSL period with effect from 7.3.2011 to the date of dismissal as dies non.