BALMUKUND LINDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The instant writ petition has preferred for quashing of the Force Order No. 1530/2003 dated 29.11.2003, contained in memo No. 249 dated 22.09.2004 (Annexure-9), whereby the present petitioner has been dismissed in a departmental proceeding No. 07 of 2003, conducted against him and further prayer has been made for quashing/ setting aside the Force Order No. 1110/2008, contained in memo No. 1106 dated 30.05.2008, whereby the petitioner has been dismissed from the service. Further prayer has been made to reinstate the petitioner with all consequential benefits from the date of his dismissal.

(3.) The petitioner was appointed as a constable in JAP-5, Deoghar and was posted at Chanho Block Camp of Company 'A' of the said Armed Police. It is the case of the petitioner that he was granted leave for 10 days by the Company Commandant, under his sign and seal from 12.04.2004 to 22.04.2004 and was expected to join his service on completion of leave on 23.04.2004. It is the case of the petitioner that he failed mentally ill and had undergone the treatment of psychiatrist, therefore, he could not present himself on duty. He remained under the treatment of psychiatrist from 20.04.2001 to 04.03.2003. As the petitioner did not present himself on duty on completion of the leave, he was put under suspension w.e.f. 23.04.2001 and a departmental proceeding was initiated against the petitioner by issuance of charge-sheet on 08.03.2003 vide memo No. 628. Charges against the petitioner were of indiscipline and dereliction of duty and of grave misconduct and also of unauthorized absence, on account of non-joining the service after expiry of the leave period. It has been further stated that petitioner could not join his service because of his mental illness as he was undergoing treatment at Ranchi Mansik Arogryasala, Kanke.