STATE OF HARYANA Vs. PHULA RAM

JUDGEMENT

(1.) THIS is an appeal filed by the State of Harvana against the iudsment dated 31st july. 1968 of Shri K. L. Nagpal Chief Judicial Magistrate. Jind by which he acauitted respondent Phula Ram of the offence under Section 7 of the East Puniab Essential services (Maintenance) Act, 1947 (hereinafter called the Act ).

(2.) THE prosecution case is that Constable Phula Ram was sanctioned seven davs earned leave by the authorities with effect from 5th September. 1967 to llth september, 1967. He however, did not resume duties after the expirv of his leave. He sent a telegram on 11th September, 1967 for extension of his leave on the ground of illness of his wife. This re-auest of the accused was reiected by the superintendent of Police on loth September. 1967 and he was ordered to ioin dutv and necessarv information was sent to him by registered post. He was also informed that in case of his failure to ioin duties he will be proceeded against and he will be treated as absent and strict disciplinary action will be taken against him-This registered letter was received back undelivered with the report that he was evading service to take delivery of the same.

(3.) ANOTHER letter was issued to him by the Police Department which was delivered to him on 7th October, 1967, but in spite of that he did not resume dutv. Subsequently he sent a medical certificate of Government Dispensary Dhamtan sahib, wherein the Doctor had recommended him 15 davs rest, which was received in the Police Department on 13th October 1967. The respondent, however, did not resume dutv even on 26th October, 1967. He sent another telegram for extension of leave upto 8th November, 1967 on the ground of his illness without attaching any medical certificate. No action was taken on this telesjfam as his reauest for further leave had jalreadv been declined. No application was: received from him for further extension of leave after 8th november, 1967.