SUNIL HALI, J. - (1.) THE petitioner was working as Constable in the Central Industrial Security Force. He was granted leave w.e.f. 30.3.2005 to 22.4.2005 and was to report on duty on 23.4.2005. Instead of joining his duties, the petitioner extended his leave on account of his sickness up to 26.5.2005. For having remained on unauthorised leave, an enquiry was initiated against the petitioner.
(2.) THREE charges were framed against the petitioner by the respondents. First charge relates to his unauthorised absence from duty from 23.4.2005 to 23.6.2005. The second charge was that he had refused to get himself medically examined by the Unit Hospital, Kanpur as an Outdoor patient. The intended purpose of the petitioner was to stay away from duty on the pretext of being ill. The third charge against the petitioner was that he has already been punished 8 times, out of which one major punishment and 7 minor punishments have been awarded to him. In pursuance to the charge sheet submitted against the petitioner, he filed his reply to the effect that he was hospitalised up to 26.5.2005 at Shyama Prasad Mukherjee Civil Hospital,Lucknow and after he was discharged from the said hospital, he went to a nursing home where he was initially admitted for three days, thereafter, he was discharged on 28.5.2005.
(3.) IT is contended by the learned counsel for the petitioner that it is not the case of the respondents that the petitioner was not ill but what has been stated is that he should have got his treatment done by the Unit Hospital located at Kanpur. The explanation submitted by the petitioner did not find favour with the respondents for the following reasons:- (i) The conclusion of the enquiry report indicates that the illness from which the petitioner was suffering was not of a serious nature could have been treated in the Unit Hospital also. (ii) If his illness was of a serious nature, he should have been hospitalised after 28.5.2005, which is not the case in hand. ;