NARESH KUMAR EX CONSTABLE Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was recruited as a Constable on October 8,; 1989. He was discharged from service on June 2,1992. Aggrieved by this order, the,, petitioner has approached this court through the present writ petition.

(2.) This matter had come up for hearing on January 23, 1996. Mr. Balhara learned counsel for the petitioner had submitted that Smt. Sunita (the petitioner's wife) was admitted with a 'breast abscess' in the Medical College and Hospital, Rohtak on January 29, 1992. In view of the serious nature of the problem she was operated on the same day at 7.40 P.M. The pus that had accumulated in the breast' was removed. She had to remain in the hospital for more than three weeks. It was in view of this position that the petitioner was unable to attend to his duties. After; hearing learned counsel for the parties at length, it was directed that the petitioner may submit a representation supported by the necessary documents to the Commandant of the Batallion where he was posted. The third-respondent was directed to consider and decide the representation.

(3.) In view of the interim directions given by this Court, the third-respondent has passed an order dated March 4, 1996. He has found that in view of the illness of his wife the petitioner's absence from duty for a period of 22 days was not 'wilful'. However, keeping in view the fact that he had not taken leave from the competent authority, it has been ordered that the petitioner is "reinstated in service with all consequential benefits except the back wages and a punishment of stoppage of 5 increments with permanent effect is imposed for his unauthorised absence and for leaving the duties without permission." This order is placed on record as Mark 'A'.