AMIT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through the medium of the present petition has challenged enquiry proceedings conducted by respondent No. 4 against the petitioner. Challenge has also been thrown to order dtd. 4/8/2006 issued by respondent No. 3 whereby the petitioner has been removed from service. Besides this, the petitioner has also challenged order dtd. 30/6/2011 issued by respondent No. 5 whereby his statutory appeal against order dtd. 4/8/2006 has been rejected.

(2.) As per the case of the petitioner, he was appointed as a Constable in the year 2003 in Central Reserve Police Force and he joined his service on 24/3/2003 at Group Centre, Rampur. He was posted in 93rd Bn, which was relocated to Anantnag. In August, 2005, the petitioner is stated to have fallen ill and he was admitted in 5th Bn CRPF Hospital and the doctor recommended one week medical leave in his favour. Accordingly, the petitioner was granted medical leave w.e.f., 13/12/2005 to 17/12/2005. He proceeded to his home town.

(3.) After availing the leave period while the petitioner was reporting back to his duty on 17/2/2005, his condition deteriorated and he was admitted in District Hospital, Saharanpur (UP) on 17/12/2005 itself. It is case of the petitioner that he telephonically informed the Control Room of 93rd Bn about his admission in the hospital and for extension of leave. It has been averred that the petitioner contacted the Adjutant of the battalion on telephone and he was advised to get proper treatment and to produce the medical record upon joining the duty. It has been submitted that the petitioner also applied for extension of leave through post. According to the petitioner, he remained under OPD treatment w.e.f., 25/12/2005 to 18/2/2006 but the treatment did not yield any result. He again remained under treatment at CHC Baraut District Baghpat w.e.f., 18/2/2006 to 12/3/2006 but he could not recover from the disease so as to join the duty. The petitioner is stated to have undergone treatment at District Hospital, Muzaffarabad w.e.f., 13/3/2006 to 12/6/2006. The petitioner has placed on record copies of medical certificates/records to show that he had remained under treatment upto 12/6/2006.