Court No. - 62
Case :- WRIT - A No. - 7740 of 2001 Petitioner :- Constable No 2232 C.P.Shiv Ram Chaudhary Respondent :- I.G.Police Railway Police H.Q.
Counsel for Petitioner :- Babu Lal Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing counsel for the respondent.
This petition under Art. 226 of the Constitution, has been filed challenging three orders.
By the first order dated 22.4.1999 passed by the Superintendent of Police,GRP Allahabad, the petitioner- a constable in Government Railway Police, has been held to be not entitled for salary for a period of 43 days, on the ground of his unauthorized absence from duty during the said period. The order was passed after issuing a show cause notice to the petitioner and taking into consideration the reply submitted to it by him. By the second order dated 7th August 1999, Deputy Inspector General of Police, Railway Allahabad, has rejected the representation/appeal preferred by the petitioner against the order dated 22.4.1999 and by the third and last order dated 5th August,2000, revision preferred by the petitioner has been rejected by Inspector General of Police, Railway Allahabad affirming the aforesaid two orders.
Learned counsel for the petitioner contended that as the petitioner fell ill, therefore, he could not attend his duties and remained absent for 43 days since 6.7.1998. It is further submitted that petitioner was hospitalized during the said period and he has submitted medical certificate to that effect, a copy of which has been appended as annexure- 1 to the writ petition.
Perusal of the medical certificate contained in annexure- 1, prima facie does not inspire any confidence as there is no mention of the authority, who has issued it. Further, the petitioner being a member of the disciplined force, has to apply for grant of medical leave in terms of the provisions of Regulations 381 and 382 of the Police Regulations applicable to his service which he has failed to do. By the impugned orders, the respondent- authorities after considering each and every aspect of the matter, have come to the conclusion that petitioner was not entitled for grant of medical leave for 43 days and therefore not entitled for salary during the period he has remained unauthorisedly absent.
Since the orders impugned have been passed after affording opportunity of hearing to the petitioner, there is also no violation of the principles of natural justice in the facts and circumstances of the case.
The matter being concluded by the findings of fact recorded by the respondent- authorities, no interference in exercise of extra ordinary powers under Art. 226 of the Constitution is called for.
The writ petition lacks merit and is accordingly, dismissed. No order as to costs.
Order Date :- 28.2.2018 Akbar