D K DHIR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The present Writ Petition is filed seeking writ of mandamus declaring the punishment imposed by the 3rd respondent vide proceedings No.15014/L&R/DKD/Min.03/HAP/2002-1320 dtd. 20/4/2002 withholding the increments for a period of one year with cumulative effect which was confirmed by the Appellate Authority in the Appeal vide order dtd. 16/9/2002 and also Revisional Authority vide order dtd. 29/5/2003 as illegal and arbitrary and consequently to set aside the same.

(2.) Heard Ms.K.Bhargavi, learned counsel representing Smt.K.Udaya Sree, learned counsel for the petitioner and Sri P.Sashidhar Reddy, learned Standing Counsel representing respondent No.1 to 3.

(3.) Learned counsel for the petitioner submitted that the petitioner joined the post of Sub-Inspector/Executive through due selection process on 14/9/1997 and he was posted to FACT (CD) Cochin, Kerala State and subsequently transferred to Hyderabad Air Port on 13/7/2001. On 28/8/2001, the petitioner while working in "B" shift received a telegram from his family at Cochin, that his son namely Abhijeet Kumar, aged about 11 months, fell sick and admitted in Hospital at Cochin and the petitioner was asked to come over as the health of the child was serious. Petitioner submitted leave application for 17 days commencing from 28/8/2001 to 15/9/2001. On 29/8/2001, the Company Commander advised the petitioner to attend to "A" shift duty before proceeding on leave. The Company Commandant has also advised the Company Commander to verify the position for grant of leave. According to Commandant, one more candidate by name Srikumar was also on leave as he has to vacate the quarter at his previous unit and therefore advised only to spare one S.I. i.e., either the petitioner or said Srikumar. On the endorsement made by the Company Commandant, petitioner proceeded to Cochin after attending duty at "A" shift on 29/8/2001. She further submitted that after availing the leave, the petitioner reported back for duty on 13/9/2001.