UNION OF INDIA Vs. MANOHAR LAL PAREEK

JUDGEMENT

(1.) This special appeal is directed against the order of the learned Single Judge dated 19.10.2005 in S.B. Civil Writ Petition No. 1374/1994 allowing the writ petition of the State. The State had filed the writ petition for quashing the order dated 20.4.1991 by which he had been dismissed from service, and for direction on the States to reinstate him with all consequential benefits - among other reliefs.

(2.) The State was enrolled as a Water Carrier in the Border Security Force (BSF) on 28.10.1988 and posted in HQ 80 Bn. In 1990 the battalion moved to Srinagar. On 18.7.1990 the State was granted 30 days' leave from 19.7.1990 to 17.8.1990. According to the State, in course of journey he developed high fever and reported at the BSF Hospital at Jammu Tawi where he was admitted on 20.7.1990. He was discharged from the hospital on 23.7.1990 with diagnosis of pyrexia. He continued treatment in his village but his condition did not improve and he was diagnosed as a case of Bil Koch's Chest (TB). Pursuant to his request to extend leave on medical ground, he was informed that medical rest was being given from 19.8.1990 to 18.9.1990 whereafter he should report for duty with fitness certificate. The State however was advised further treatment and he applied for sick leave for another thirty days from 19.9.1990 to 18.10.1990 alongwith medical certificate. On 5.10.990 he submitted another application to grant sixty days medical/half pay/earned leave. According to the State he was advised medical rest for successive periods. On 8.11.1990 he was asked by the appellants to either return to the battalion headquarter or in the alternative to report at the nearest BSF hospital for necessary treatment. He reported at the BSF Hospital Jodhpur. After investigation he was referred to TB Hospital for further treatment from 14.12.1990 to 14.1.1991. He was advised to consult the TB specialist at S.P. Medical College and Associate Group of Hospitals, Bikaner where he was treated for TB. He was advised further medical leave for successive periods from 15.11.1991 onwards.

(3.) On 1.4.1991 notice was issued to the State informing him that he had been absent without leave from 18.8.1990; he had produced medical certificate upto 21.12.1990 but was still absent without ally justification. He was informed that because of his absence without leave for such a long period, his further retention in service was undersirable, and the authority i.e. Commandant 80 Bn. proposed to terminate his service by way of dismissal. If he wanted anything to urge in defence, he could do so before 20.4.1991. In case.