SHATRUGHAN MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner and the respondent State.

(2.) The petitioner has approached this Court for quashing the order dtd. 19/5/2015 issued by the Deputy Inspector General of Police whereby his services has been dismissed. He has also sought setting aside the order of dismissal dtd. 29/8/2012 issued by the Superintendent of Police, Vigilance Investigation Bureau, Bihar, Patna.

(3.) The petitioner has been found on unauthorized absence for a total period of 906 days while working as Head Constable in the Vigilance Investigation Bureau. Counsel for the petitioner submits that on account of medical illness and for such reasons beyond his control he was compelled to be absent. He submits that from perusal of the enquiry report it is evident that in between the petitioner has submitted his joining. Intermittent joining of the petitioner is indicative of the fact that he was physically unfit and as such could not continuously be present in the service. In support of his submission he places reliance upon the decision of this Court in the case of Chhel Singh vs. M.G.B Gramin Bank, Pali and Ors . reported in 2014 (3) PLJR (SC) 451. He places reliance upon paragraph 15 and submits that the medical certificate submitted by him in his defence were required to be looked into even though they have been issued by a private Doctor and not by the government Doctor. It is his submission that due to such omission in considering the medical certificates in support of his illness the findings are unsustainable and requires re-consideration by the authorities.