SATYA NARAYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant petition has been preferred with the following prayer:

(2.) By way of filing this petition, a challenge has been led to the impugned order dtd. 28/8/2000 passed by the respondents by which the petitioner has been dismissed from service. The appeal preferred against the aforesaid order has also been rejected by the Appellate Authority vide impugned order dtd. 27/12/2000.

(3.) Learned counsel for the petitioner submits that the petitioner was posted as a Constable in the Central Reserve Police Force (for short 'CRPF') and he went on leave for 15 days, w.e.f. 4/10/1999 till 22/10/1999. Counsel submits that during the said period, the petitioner met with an accident on 16/10/1999, and he remained under treatment till 19/12/1999, and he became fit on 20/12/1999, and thereafter, he joined the services on 27/12/1999. Counsel submits that a disciplinary proceeding was initiated against the petitioner, after serving charge-sheet upon him with the charge of willful absence from duty. Counsel submits that a reply to the aforesaid charge-sheet along with medical certificate of a Medical Officer of Government Primary Health Centre, Sainthal, Dausa, was brought by the petitioner before the authority and it was pleaded before the Disciplinary Authority that on account of the injuries sustained by the petitioner and on account of undergoing treatment, the petitioner could not join the duties after the expiry of the granted leaves. Counsel submits that these facts were overlooked by the respondent authorities and the order impugned was passed.