- (1.) The petitioner being aggrieved with order of termination dated 4.10.2002 passed by the Major Officer Commanding and also order dated 19.1.2007 passed by Colonel, Group Commander, has approached this Court. It has been submitted that the petitioner was appointed to the post of Luskar 35th Battalion NCC and joined on 2.6.1988 and after being posted from one place to another he was transferred at Hazaribagh at Sainik School, Tilaiya and gave his joining.
(2.) It has been submitted that on 12.4.2001, the petitioner had filed an application for leave and accordingly leave was sanctioned from 16.4.2001 to 21.4.2001. The petitioner proceeded for native place at Saupol (sic--Supaul?). It has been submitted by the counsel for petitioner that after reaching Supol (sic-- Supaul?) he fell ill and during treatment it was detected that he was suffering from Hepatitis/Jaundice and he was advised to take complete bed rest.
(3.) After becoming medically fit petitioner joined to his office on 2.7.2001 alongwith all medical certificates. Petitioner was directed vide letter dated 7.7.2001 to get the medical report countersigned by the Chief Medical Officer of Government Hospital, so that his leave could be adjusted. When he approached the local Civil Surgeon-cum-Chief Medical Officer the petitioner was told to get verified at Saharsha from where the petitioner was treated. Accordingly, the petitioner apprised this fact with the concerned authorities and sought for leave so that he could go to Saharsa and get the medical certificate countersigned but leave was not granted.;