Satya Brata Sinha, J. - (1.)This application is directed against an order dated March 17/18, 1987 and the order dated September 11, 1986 whereby and whereunder the petitioner who at the material time had been working as Flight Purser in the services of the respondent No. l was removed from services and the appeal preferred by him against the said order, was dismissed.
(2.)The Petitioner is said to be a chronic patient of Bronchial Asthma. He felt sick on January 24 and informed the office that he would not be able to attend his duties on that date. The petitioner joined his office on January 26, 1982. On January 27 some Custom officials visited the flat of the petitioner and searched the premises and seized various documents, as a result whereof the petitioner allegedly started suffering from nervous breakdown. His Chronic asthmatic trouble also relapsed that as such he was not in a position to attend to the duties. He informed the' drives of respondent that the matter be reported to the respondent No. l. The petitioner was arrested on January 27, 1982 and was produced before the Magistrate on January 28. He was granted bail on January 29, 1982. The petitioner' having been feeling discomfiture due to asthmatic trouble consulted a local physician. He also allegedly informed the Operation Department in writing about his illness. He also wrote two other letters to Operation Manager and Senior Medical Officer under Certificate of Posting on the same date i.e. on January 30, 1982. According to the petitioner he was later on examined by the Doctor of the respondent No. 1 who permitted him to continue to obtain medical treatment from his private Doctor. The endorsement and the medical card of the petitioner is said to be lying with the respondents.
(3.)Soon about March 30/31, 1982 a charge sheet was issued against the petitioner levelling two charges against him. The first charge was in relation to his alleged absence from duty with effect from January 1982 and making of a false statement in the leave application dated January 30, 1982 to the effect that he was sick from January 25, 1982 whereas in his letter dated January 30, 1982 he has stated that he suddenly became sick at around 12 noon on January 27, 1982 as also on the ground that the petitioner had allegedly failed to produce the report after a fortnight of his purported sickness which is said to be a misconduct under various provisions of the Standing Order.
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