PANKAJ BEZBARUAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B.K. Das, learned counsel for the petitioner. Also heard Mr. R.K. Dev Choudhury, learned ASGI for all the respondents.

(2.) The petitioner is challenging the order dtd. 12/10/2011 passed by the respondent No. 4, whereby, the petitioner has been dismissed from service on the basis of a departmental proceeding. He has also challenged the order dtd. 9/5/2017, by which the petitioner's appeal has been rejected. The departmental proceeding was in relation to unauthorized absence of the petitioner for 347 days. The petitioner was given a memorandum of charge which stated that he had been unauthorizedly absent from 14/10/2010 to 1/7/2011, totaling 261 days and from 19/7/2011 to 12/10/2011, totaling 86 days. The petitioner did not make any reply to the memorandum of charge and the enquiry report made by the enquiry officer was also furnished to the petitioner. However, the petitioner did not make any reply to the enquiry report also. Thereafter, vide the impugned order dtd. 12/10/2011 passed by the respondent No. 4, the petitioner was dismissed from service due to unauthorized absence for 347 days. The petitioner submitted an appeal dtd. 21/1/2017, i.e. more than 5 years after the dismissal order dtd. 12/10/2011. The same was rejected by the appellant authority on 9/5/2017.

(3.) The petitioner's counsel submits that it is not in dispute that the petitioner was absent for 347 days. However, the reason for the petitioner's absence was due to the petitioner having met with an accident in New Delhi on 22/12/2009 and having sustained a head injury, due to which the petitioner started losing his mental balance. The petitioner's counsel submits that the petitioner was treated in the LGB Regional Institute of Mental Health, Tezpur and in support of his submission, the petitioner's counsel has referred to the Certificate dtd. 26/11/2016, issued by the LGB Regional Institute of Mental Health, Tezpur, herein after referred to as the "Mental Hospital". He also referred to the Out Patient Department (OPD) ticket dtd. 26/3/2016 and the receipt dtd. 28/10/2011, which shows that the petitioner had paid an amount of Rs.1,000.00 to the Mental Hospital on 28/10/2011.