UNION OF INDIA Vs. MUKUL DAS F.

JUDGEMENT

(1.) Heard Mr. A.K. Dutta, learned CGC representing the appellants. Also heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. N. Gautam, learned counsel for the sole respondent/writ petitioner.

(2.) This intra court writ appeal is directed against the judgment and order dtd. 20/6/2022 passed by the learned Single Judge in WP(C) No. 5843/2010, whereby the learned Single Judge has allowed the writ petition of the respondent/writ petitioner by setting aside the order of dismissal from service dtd. 15/1/2010 and the appellate order dtd. 27/8/2010 and remanded the matter back to the Disciplinary Authority with a liberty to proceed against the respondent/writ petitioner by following the due procedure of law.

(3.) The respondent/writ petitioner was appointed as constable in the 39Bn. Central Reserve Police Force (in short CRPF) pursuant to the selection process held in the year 2004. He has served in different places of posting and his last place of posting was at Faizabad in the State of Uttar Pradesh and thereafter he moved to Narayanpur in the State of Chattisgarh on office of 39Bn. CRPF being shifted to Narayanpur, Chattisgarh. While serving at Narayanpur in the State of Chattisgarh, the respondent/writ petitioner applied for paternity leave and was granted leave from 29/11/2008 to 13/12/2008 as his wife was suffering from severe gynecological problem and other ailments and was under treatment in the Civil Hospital at North Lakhimpur w.e.f.11/3/2009 to 26/4/2009. During that period of time, the respondent/writ petitioner was also suffering from tuberculosis and was under treatment till 17/5/2010. The respondent/writ petitioner was advised for complete rest and his medical condition had prevented him from rejoining his duty on time. Due to his deteriorated health condition and as because no other family members were available, so the respondent/writ petitioner could not send the message to the authority concerned informing about his ailments. Since house of the petitioner is located in a remote village in the district of Lakhimpur, Assam and for sending any communication he has to travel the distance to North Lakhimpur town which was not possible because of his ill health. However, on 7/7/2009 the respondent/writ petitioner sent a telegram to the Commandant of the 39Bn. CRPF informing about the unfortunate death of his mother and his ailments and sought for an extension of his leave which was duly received by the authority on 9/7/2009.