MANOHAR MASIH Vs. UNION OF INDIA

JUDGEMENT

(1.) A Constable in the Central Reserve Police Force had filed a suit to challenge his dismissal from service ordered on 17.7.2002 on the ground that the order was illegal, null and void. Having failed in his suit and the first appeal, he has filed the present Regular Second Appeal.

(2.) THE appellant was dismissed from service for being absent from duty. During December 2001, the appellant got sanctioned casual leave upto 4.12.2001. As per the pleadings, he fell ill from recurring abdominal pain and, thus, remained under treatment. THE Medical Officer advised him complete bed rest and so he could not rejoin his duty on expiry of his casual leave on 4.12.2001. THE appellant would claim that he regularly forwarded his application for extension of leave on medical ground and ultimately became fit to join his duty and was advised by the doctor to do so w.e.f. 21.7.2002. When he was about to join his duty, he received a letter dated 17.7.2002, intimating that he had been dismissed from service. THE appellant would term this order to be arbitrary, illegal, null land void and having been passed in violation of principles of natural justice.

(3.) THE Regular Second Appeal is, therefore, dismissed in limine.