GYANENDRA SINGH Vs. THE UNION OF INDIA THROUGH THE MINISTRY OF HOME AFFAIRS (SASHASTRA SEEMA BAL IN SHORT S.S.B.) & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for the following reliefs:-

(2.) Learned counsel for the petitioner stated that while he was in train on 5.11.2010 he became unconscious at Kanpur Railway Station due to which he was admitted in Sanjiwani Hospital, Unnao and remained there till his improvement and ultimately he was released from hospital on 8.11.2010 when he returned to his house at Unnao (Uttar Pradesh) and there he was treated in the Primary Health Centre, Safipur, Unnao till 5.12.2010 and while he was returning to his duties on 16.12.2010 he met with motorcycle accident resulting in right shoulder fracture due to which he was hospitalized in Primary Health Centre, Safipur, Unnao and remained under treatment till 22.4.2011 when he was found medically fit to resume his duty.

(3.) Learned counsel for the petitioner averred that in the meantime the Commandant issued show-cause notice dated 28.3.2011 (Annexure-8) to the petitioner directing him to submit his explanation in writing and defence with respect to the allegations levelled against him within one month as to why not action to dismiss him from service for the said misconduct should be initiated. It was also averred that due to his injury he could not file his show-cause and the Commandant 13th Battalion, S.S.B., Pipra Kothi, (East Champaran) passed order dated 27.4.2011 (Annexure-3) dismissing the petitioner from service in a mechanical manner even before expiry of the time granted by him for filing show-cause.