- (1.) The petitioner in this writ petition is seeking quashing of the orders dated 15.6.2010, 22.9.2010 and 1.6.2010 arising out of departmental proceedings held against him.
(2.) Briefly stated the facts of the case are that the petitioner was appointed as a Clerk in the Bank of India, Aishbagh Branch, Lucknow in the year 1975. On 17.11.1982 he received a Telegram (Annexure-1 to the writ petition) from his brother-in-law who was then residing in Muscat (Oman) that the petitioner's sister was seriously ill and he was asked to reach Muscat alongwith his mother. On 19.11.1982 the petitioner is stated to have submitted an application to one Shri A.K. Rastogi, the then Manager of the Aishbagh Branch of the Bank of India at Lucknow praying for 60 days leave without pay w.e.f. 19.11.1982 in order to enable him to proceed to Muscat. It is stated that while in Muscat the petitioner himself fell ill with Enteric Fever and on 15.1.1983 he was advised complete rest for three weeks by the doctor. On 16.1.1983 the petitioner applied for extension of his leave by 18 days. He also sent the medical certificate alongwith the application. However, he could not recover from the Enteric Fever and was again advised for two weeks further rest by the doctor therefore he sent another leave extension application on 4.2.1983 alongwith the medical certificate. It is further stated by the petitioner that even while he was still ill he fell from the stairs at his sister's residence at Muscat on 10.2.1983 and became unconscious for many years and thereafter he remained in semi conscious condition and also suffered from mental aberration resulting in mental black out due to head injury. He had been diagnosed as suffering from ''Manic Depressive Psychosis Bypolar". He had to be hospitalized on 10.2.1983 till 30.8.1983. Then from 15.1.1984 to 30.3.1984 and again from 23.4.1985 to 13.7.1985. The case of the petitioner also is that when he was in Hospital his sister received a letter dated 12.4.1983 from the Manager of the Aishbagh Branch of the Bank, Lucknow in which the receipt of petitioner's application dated 4.2.1983 was acknowledged alongwith medical certificate but it was stated that since there was no communication from the petitioner after 19.2.1983 the petitioner should report immediately for duty otherwise action would be taken against him for unauthorized absence from duty. Another letter of the same content was sent on 17.5.1983 by the Manager of the Aishbagh Branch and it was also stated that if the petitioner does not report immediately for duty it will be presumed that he had abandoned his duty and his name would be struck of from the Bank's record. It is however admitted by the petitioner that the letter was received by his sister but not shown to him because of his acute mental condition at that time.
(3.) The case of the petitioner further is that on 1.7.1983 a notice was published in the Pioneer English News Paper stating that the petitioner was absenting himself from duty since 19.2.1983 without submitting any application for unauthorized absence from duty and that he was being given a final opportunity to report for duty within 15 days otherwise it would be accepted that the petitioner had voluntarily abandoned his job w.e.f. 16.7.1983. On 4.8.1983 the petitioner's sister wrote to the Manager of the Bank informing him about the incident and accident suffered by the petitioner and his hospitalization and that he was not in a position to read or write or to understand what was written and the doctor on duty had also advised not to disturb the petitioner. On 18.7.1983 the Manager of the Bank at Lucknow passed an order that the petitioner had not reported for duty within the specified period and therefore a presumption was drawn that the petitioner was not interested in continuing his service with the Bank and his name has been struck of from the Bank's employment register. In July, 1985 the doctor attending on the petitioner in Muscat declared him medically fit to travel to India. The petitioner upon reaching Lucknow on 30.7.1985 was put under the treatment of one Dr. Narrottam Lal, Reader in the Department of Psychiatry, King George Medical College, Lucknow. He remained under treatment till 31.10.1985 when he was declared medically fit.;