BABLU KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the aforesaid writ application the petitioner has inter alia prayed for issuance of writ of certiorari for quashing the order passed by the respondent No. 5 in memo no. 235 dated 26.4.2009 vide Annexure-4 to the writ application wherein the petitioner has been dismissed from services w.e.f. 24.1.2009 and also for quashing memo no. 1476 dated 03.07.2009 passed by respondent no. 4, there rejected the appeal and further prayer has been made for issuance of writ of mandamus commanding the respondents to re-instate the petitioner in service with all back wages and other consequential benefits as per law.

(2.) Sans details, the facts in a nutshell is that in pursuance to initial appointment as constable no. 130 in I.R.B.-2 Battalion, Chaibasa, Camp- JAP-10 (Female Battalion), Hotwar, Ranchi on 25.05.2008, the petitioner was sent for training along with other constables. During course of training, unfortunately the petitioner fell ill and was hospitalized at B.S.F. Hospital, Jodhpur on 7.1.2009 and subsequently discharged from the said hospital on 15.01.2009 as evident from Annexure-1 to the writ application. During course of treatment various tests were done and the treating physician of the BSF Hospital advised the petitioner to undergo treatment in the T.B. Centre at his home district since it would take long time for recuperation. Accordingly, movement order was given to the petitioner on 24.1.2009 and petitioner reached his native place and as per advice of the doctor the petitioner was treated at K.K. Hospital, Purnea by Dr. K.K. Singh and after test the petitioner underwent operation on 2.2.2009 conducted by Dr. S.E. Rehman and the petitioner was declared medically fit on 21.5.2009 as per medical prescription vide Annexure 2(series).

(3.) While undergoing treatment at Purnea, the petitioner received intimation dated 25.02.2009 issued by respondent no. 5 to join the duty. But due to his operation he has sent a letter dated 19.03.2009 (Annexure 3) to the respondent no. 5 requesting therein to allow him some time to join the duty. But, to the utter surprise and consternation, the petitioner on 7.5.2009 received the order issued vide memo no. 235 dated 26.4.2009 (Annexure 4) whereby he is dismissed from services w.e.f. 24.01.2009 without any departmental proceeding or without any inquiry as envisaged in Rule 843 of the Bihar Police Manual.