SAMUEL LINDA Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) The petitioner has challenged the order of dismissal dated 1.10.2007 as contained in memo No. 2568 issued under the signature of Commandant, Jharkhand Armed Police Force, Bokaro. The brief facts of the case as per argument advanced on behalf of learned Counsel of the petitioner is that the petitioner all of a sudden on 9.11.2005, fell mentally ill and due to that reason, he lost his consciousness and absented from the duty from the Governor's residence, admitted to Kanke Mental Hospital for treatment of mental illness on 12.11.2005.

(2.) In course of mental illness while he was under treatment, the respondent No. 6 has issued a memo of charge alleging therein that the petitioner has absconded without permission of the Guard-in-Charge, from the residence of the Governor, in course of deputation as security guard vide memo No. 2098 dated 12.8.2006, the petitioner was treated in the Kanke Mental Hospital from 12.11.2005 to 9.9.2006 under the advise of Doctor U.N. Choudhary, Medical Officer, R.M.A. Kanke, Ranchi and was declared fit to discharge his duties on 9.9.2006 and thereafter, he had given his joining on 14.9.2006 along with medical prescription and medical certificate of fitness issued by the said Medical Officer, but a memo of the charge has been issued on 12.8.2006 alleging therein that the petitioner has absconded from the office, as such he has committed irregularity against which he has given due reply stating therein that since he was suffering from mental illness, he was not be able to discharge his duty but without considering his reply the charges have been found to be proved, thereafter, the disciplinary authority has imposed punishment of dismissal upon petitioner vide order dated 1.10.2007.

(3.) The petitioner has taken two fold plea challenging the order of dismissal dated 1.10.2007--