UNION OF INDIA Vs. SANJAY KUMAR SINGH

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent preferred by the Union of India and others arises from the judgment and order dated 26th April 2010 passed by the learned Single Judge in above C.W.J.C. No. 4779 of 2010.

(2.) The Respondent-writ Petitioner was employed as Constable in Central Reserve Police Force. After training he was posted under the Commandant, C.R.P.F. Jalandhar, 137 Battalion. While on probation he applied for earned leave for 10 days. He was required to report for duty at evening parade on 29th April 2009. He, however, did not report for duty on 29th April 2009. He remained absent from duty from 30th April 2009 till the termination of his service on 28th July 2009. In view of his continuous absence, on 29th June 2009 the writ Petitioner was given notice of termination of service effective from 28th July 2009. Admittedly the Petitioner did not respond to the notice. Consequently his service stood terminated on 28th July 2009.

(3.) According to the Petitioner while on leave he had suffered Hepatitis. He had sent the intimation of his illness accompanied by the medical record to the Deputy Inspector General of Police under Certificate of Posting on 4th May 2009 and on 10th June 2009. He was not declared fit for service until 23rd July 2009. Before he could report for duty his service was terminated under notice dated 29th June 2009.