NAIK IBRAR KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition is filed by the Petitioner for quashing the order dated 7th March, 1997 as well as the order dated 6th November, 2003 passed by the Disciplinary Authority as well as the Appellate Authority whereby and whereunder the Petitioner was dismissed from service by the WP(C) 16(K) of 2007 Page 2 of 15 Disciplinary Authority and the order of the disciplinary authority was upheld by the appellate authority.

(2.) Heard Mr. CT Jamir, learned Counsel appearing along with Mr. Wati Jamir, learned Counsel for the Petitioner as well as Mr. TB Jamir, learned CGC for the Respondents.

(3.) Pleaded case of the Petitioner is that he was initially appointed as Constable in the Central Reserve Police Force (for short, 'CRPF') on 14.06.1981 and thereafter he was promoted to the post of Naik in the year 1996. While the Petitioner was coming back after completion of his training of Naik Quarter Master Court to 66 BN CRPF on 31.12.1995 the Petitioner reached Delhi and after that he started his journey by Brahmaputra Express but when he reached Mughal Sarai Station there was a pain in his stomach and he became unconscious in the train and ultimately some persons who were in his compartment, seeing his condition informed the GRP and accordingly the GRP brought him to the Gazipur Govt. Hospital where he was given treatment. It is also stated by the Petitioner that from 02.01.1996 to 26.08.1996 the treatment of the Petitioner was going on in the said hospital and after resuming the health he was given a sickness certificate (Annexure-I to the writ petition) by the Dy. CMO of the said hospital which he submitted with the authority. He assumed his duties on 31.08.1996 in 66 BN CRPF but the Respondents herein, particularly Respondent No. 2 suspended him on 04.10.1996 for his unauthorized absence from duty and consequent there to a disciplinary proceeding was also initiated.