SHAMSHAD ALI KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER going through the punishment order, as contained in Annexure -10, this Court finds that the reliance placed by learned senior counsel for the petitioner on the order dated 24.09.1999 passed in CWJC No.5723 of 1998 is misconceived. In the said order, a Bench of this Court, placing reliance on an earlier case of unauthorized absence of 195 days resulting into punishment having been interfered with by the Court on quantum of punishment, disposed of the writ application remitting the matter back to the respondents to consider the case of petitioner of the case also on the question of quantum of punishment, as he had been dismissed from service on account of absence for 220 days.

(2.) IN the present case, the order of dismissal of the DIG dated 6.10.1994 gives the entire detail of the conduct of petitioner. From this order it appears that, while the petitioner was on 14 days leave with effect from 27.3.1992, he was transferred from Darbhanga to Simdega on 10.4.1992. On the expiry of leave of 14 days, petitioner was supposed to join on 11.4.1992, but apparently coming to know about his transfer, he did not submit his joining and extended his leave on the pretext of being ill. With his show cause to the charges, he produced a medical certificate of one Dr.M.M.Alam. In the enquiry it was found that earlier also petitioner had produced one medical certificate of the same doctor dated 15.6.1991, with comparison with which, the handwritings in the certificate of Dr.M.M.Alam enclosed with the show cause were found to be different. The petitioner had produced the certificate dated 1.1.1992 certifying him fit for duty, but still he did not join and in the show cause he claimed that from the night of 2.9.1992 he again fell ill and, therefore, remained absent. After a long gap, he produced another certificate dated 8.3.1993 in which also he was certified to be fit for duty, but he did not submit his joining at the transferred place at Simdega and submitted his joining at Darbhanga on 9.2.1993. Admittedly, he remained there for sometime. Learned senior counsel for the petitioner submits that he continued there since his application for cancellation of his transfer was being processed. However, it is an admitted fact that from Darbhanga he was relieved on 31.5.1993, but thereafter also he remained absent and submitted his joining in Simdega as late as on

(3.) LEARNED senior counsel for the petitioner submits that petitioner was suffering from serious ailments and he was under treatment at Darbhanga and hence his transfer to remote place like Simdega would have hampered treatment being received by him at Darbhanga. Hence, he was appealing to the authorities for stay of his transfer which was being considered. Hence, he was waiting for the same.