- (1.) THE present petition has been filed by the petitioner for issuance of a writ in the nature of Certiorari for quashing the impugned order dated 24.1.2003 (Annexure P.1) whereby the petitioner has been removed from service from the post of Assistant Executive Engineer (Civil).
(2.) THE petitioner joined the service of respondent Board on 10.4.1979 as Graduate Technical Apprentice in the Civil Organisation of the erstwhile Haryana State Electricity Board. He applied for posting on foreign assignment which was allowed initially for a period of two years vide order Civil Writ Petition No.4990 of 2003 dated 3.8.1993. The said period of deputation was extended for a period of three years upto 2.8.1998. While he was in foreign country he fell ill due to kidney problem. He was operated for kidney biopsy in the month of January 1997. It took more than 1 -1/2 years to recover as he was advised by the doctor for another kidney biopsy in the month of October 1998. During this period, the petitioner requested the respondent Board to allow him to stay for more period because of the ailment. The petitioner was asked to send the copy of the prescription/medical report which was supplied. Ultimately, the petitioner returned to India on 18.2.1999. The petitioner was charge sheeted vide order dated 22.5.2002 for remaining absent after expiry of period of deputation with effect from 7.8.1998. The charge sheet was responded by filing the reply and thereafter inquiry was conducted and ultimately the petitioner was removed from service vide order dated 22.5.2002.
(3.) THE present petition has been filed by the petitioner to challenge the order of removal/termination on the ground that circumstances for remaining away after expiry of period of sanctioned leave were beyond the control of the petitioner and intimation in this regard was also sent for grant of leave. Learned counsel for the petitioner also submits that the petitioner was having good service record and all medical documents were supplied as required by the respondent -Board. Learned counsel also submits that the punishment awarded to the petitioner is on the excessive side as order of removal from service is not only harsh but incommensurate with the allegations. Learned counsel also submits that under similar circumstances one Surender Kumar Saini approached this Court by way of filing CWP No.3945 of 1996 as he also overstayed like the petitioner and his writ petition was allowed by the Division Bench of this Court vide order dated 7.10.1996 and order of termination of service was substituted by an order of compulsory retirement. Learned counsel for the respondents has not disputed the factum of decision in case of Surender Kumar Saini but submits that the petitioner has been found guilty of serious misconduct as he remained wilfully absent for a long period without sanctioned leave. The allegations in the charge sheet were duly proved by the Inquiry Officer and no interference is required with order of quantum of punishment.;