RAKESH KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS LPA has been preferred against the order of the learned Single Judge dated 06.01.2009 rejecting the prayer of the Appellant for quashing the order dated 18.06.1999 passed by Respondent No. 3 dismissing him from service.

(2.) THE facts of the case are as follows:

(3.) THE Counsel for the Respondents has however endeavoured to defend the order of dismissal arguing that the over -stay of persons belonging to disciplined force had to be dealt with sternly and there was no illegality in the order which was forced to be concluded ex parte since the Appellant on his own volition did not join the same. He also contended that the Appellant had not furnished any explanation for his unsanctioned leave till he filed his appeal. In this regard he has relied upon a decision reported in : (2005) 13 SCC 228 which also concerns the dismissal of a CRPF Constable. But, we find the facts quite different since in that case the delinquent reported for duty long after sanctioned leave period was over and no justifiable reason was given for his overstay. Whereas, in the present case, we find that even before the departmental proceeding had been initiated the Appellant had sent the Doctor's report and later also furnished certificate to the effect that he was under medical treatment between 15.8.1998 to 14.7.1999 which apparently was not considered by the appellate authority.