MITHILESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the Union of India.

(2.) THE petitioner seeks quashing of the order of punishment contained in annexure -7 dated 29.3.2001 which is the order passed by disciplinary authority, quashing of annexure -11 dated 11.1.2002 which is the order affirming the punishment order by the appellate authority and final annexure -14 dated 26.3.2004 which is the order passed in revision by revisional authority. All the authorities have upheld the order of punishment passed against the petitioner.

(3.) AFTER petitioner recovered, he collected his papers and obtained a certification issued by the doctor who was treating him, namely, one Dr. S.N. Singh, a Medical Officer attached with Sadar Hospital and Sub -Jail, Banka. The post of the doctor in question is one of Civil Assistant Surgeon. Armed with the evidence petitioner reported back to the authority and joined his duty. The authority however, considered the absence of petitioner for almost 99 days as a case of absence without due authority or leave. The authority further also treated non -reply of the earlier letters to him at his village home as a case of insubordination. Petitioner therefore was issued memo of charge with two charges. One absence without leave from 13.10.2000 to 19.1.2001. Second charge was insubordination due to non -reply to the letters issued to him.