AJIT DAS Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, the learned Senior Counsel appearing for the petitioner. The respondents are represented by Mr. D. Nath, the learned Addl. Sr. Government Advocate, Assam.

(2.) The petitioner was a Constable with the 6th A.P. Battalion, Kathal in Cachar district and his grievance relates to the order of leave without pay, for the absence period from 24.2007 ' 16.10.2008, by denying him for the requested 18 months Extraordinary T.B. Leave under Rule 14 (2) (iii) of the Leave Rules 1934 (hereinafter referred to as "the Leave Rules") . On 20.4.2007 the petitioner was diagnosed to be suffering from Pulmonary Tuberculosis at the District T.B. Control Society, Karimganj but after his recovery the Constable was declared fit to resume his duty w.e.f 15.10.208. But the Medical Certificate furnished from the District T.B. Control Society, Karimganj were not found acceptable on the basis of the opinion of the Standing Medical Board, who examined the petitioner (after he recovered) , on 20.10.2008 and 19.1.2009 respectively. The negative report dated 21.2009 (Annexure-9) was in a sense, inconclusive, as it was opined that at the stage of examination, the petitioner was not suffering from T.B. However, the doctors observed that Tuberculosis at an earlier stage cannot be ruled out since the patient was not examined, during the relevant period.

(3.) Mr. H.R.A. Choudhury, the learned Senior Counsel submits that the petitioner was detected to be suffering from Tuberculosis in April, 2007 and the constable gave immediate intimation to the Commandant of the 6th A.P. Battalion through his letter dated 24.5.2007 (Page-22) . The request for Extraordinary T.B. Leave for the patient was not immediately considered but the Commandant under his letter dated 25.9.2007 (Annexure-4) informed the Constable that, the decision is taken to obtain Medical Opinion for granting the Extraordinary T.B. Leave and further action will be intimated to the petitioner. The Counsel projects that while the constable was under treatment, no such official examination was done but only after he was cured and declared to be fit to resume duty w.e.f. 15.10.2008, the Commandant of the 6th A.P. Battalion, arranged for examination of the patient on 20.10.2008, by the Standing Medical Board at the Silchar Medical College and Hospital. Accordingly the petitioner argues that the inconclusive report of the Standing Medical Board after the patient had recovered, cannot be an acceptable cause for denying the Extraordinary T.B. Leave, to the petitioner.