ELANGBAM NIMAI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The Writ petitioner herein challenges his order of termination from service. The petitioner was a constable in the Police Department and he was dismissed from service for being absent for a period of 68 days without grant of leave. The admitted position is that the petitioner was absent for this period of 68 days, but his case was that he applied for leave on medical ground along with the Medical Certificate. It is also admitted in the affidavit-in-opposition, inter-alia, as follows:

(2.) So the fact remains that the petitioner applied for leave on medical ground along with medical certificate. But the leave was not considered by the authority and the order of suspension was passed and thereafter, the Departmental enquiry was initiated and it was concluded and the punishment was imposed.

(3.) I have heard Shri Lalit Kumar, learned Advocate for the petitioner and Shri Jagat Chandra, learned Advocate for the respondents. The parties in support of their contentions places reliance on the following decisions - (i) AIR 1994 SC215 (Union of India & Ors, appellants - Vs- Giriraj Sharma, respondent). That was a case where a CRPF Jowan over stayed a leave period and he was dismissed from service. There was a Writ Application under Article 226 of the Constitution and that was allowed on the ground that the dismissal merely on the ground of overstaying leave period and the authority imposed harsh and severe punishment and it is disproportionate with the gravity of the offence and violative of Article 14. By quashing the order of termination the Supreme Court directed to impose any other minor punishment save and except the dismissal.