Vikram Nath, J. - (1.) Heard learned Counsel for the petitioner, and learned Standing Counsel.
(2.) The petitioner has been dismissed from service as a constable in the P.A.C. only on the ground of 87 days of over stay of leave. The petitioner was sanctioned five days leave from 15.1.1998. Upon expiry of the same, he was to report back on 21.1.1998. The petitioner failed to report back for duty whereupon it is admitted that he sent letters seeking further leave on medical grounds. It is alleged that these letters were not accompanied by medical certificate. The petitioner reported for duty on 17,4.1998. At the time of reporting back, the petitioner submitted medical certificates in support of his illness (hepatitis), which was the reason for his absence and overstay of the leave.
(3.) The respondent authorities have not completely disbelieved the medical certificates, but what has been stated in the impugned order is that the treatment slips are of out door patient and not of admission in any hospital and therefore, the petitioner could have reported back to the battalion where also he could have been medically treated. The petitioner at the relevant time was posted at Allahabad and admittedly had gone on leave to Ghazipur. It would be difficult to accept that merely because the petitioner was getting out door treatment at the Government hospital, it should be presumed that the petitioner was in a position to travel to Allahabad and stay at the battalion. It is possible that the petitioner may not get adequate help and support at the battalion and may not be comfortable at the battalion, but more comfortable at his native place where his family members would take his care. Patient suffering from jaundice (hepatitis) may not necessarily require admission in hospital, but necessarily requires complete rest and regulated diet which could be better taken care of at his native place where his family was staying.;