T. SEIMINTHANG HAOKIP Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri NA Singh, learned counsel for the petitioner. Also heard Shri AK Dutta, learned CGC appearing for all the respondents.

(2.) By means of this writ petition, the petitioner has put to challenge an order dtd. 6/6/2020 by which the petitioner has been dismissed from service on the ground of being a deserter.

(3.) The facts, as projected in the writ petition is that the petitioner was appointed as a Constable (GD) in the ITBP Force in the year 2014. While being posted at Guwahati, he had taken Earned Leave from 26/11/2019 to 14/1/2020. However, due to certain medical conditions, the said leave was extended from 15/1/2020 to 13/2/2020 and such extension was also permitted by the Office. Shri Singh, learned counsel for the petitioner has submitted that the petitioner was unwell and was suffering from 'Anxiety Disorder' and in this connection, he has referred to a Medical Certificate dtd. 5/6/2021. As per the said Certificate, the petitioner was under the care of the concerned Doctor from 18/2/2020 to 5/6/2021. To show the bona fide of the petitioner, Shri Singh has also referred to a Bus Ticket dtd. 15/2/2020 on which date he had intended to come back to Guwahati to rejoin his duties. However, it is submitted that the petitioner fell ill and therefore he could not come to re-join.