SHREE CHANDRASHEKHAR,J. - (1.) Aggrieved of dismissal from service, the petitioner has challenged orders dated 31.08.2011 and 30.07.2015.
(2.) The petitioner, who proceeded on compensatory leave of 8 days for the period between 29.11.2010 to 07.12.2010, did not join his duty. Several letters were sent at his home address and when he did not report for duty a departmental proceeding was initiated again him. Notices in the newspapers were published still, he did not participate in the departmental proceeding which, thus, was held ex parte. An enquiry report was submitted which was accepted by the disciplinary authority, who imposed a penalty of termination from service vide order dated 31.08.2011. The petitioner came to this Court in W.P.(S) No.5566 of 2013, which was disposed of by an order dated 17.03.2015 granting liberty to him to file a departmental appeal. The appeal preferred by the petitioner has been rejected vide an order dated 30.07.2015. Memorial submitted by the petitioner has also been rejected on 04.01.2016. Aggrieved, the petitioner has approached this Court.
(3.) The petitioner has taken a plea that in course of treatment of his brother who had met with an accident, he also lost his mental balance and remained under treatment for 16 months. He has produced medical certificates in this regard. The appellate authority has taken note of the medical certificates produced by the petitioner, however, agreeing with the order passed by the disciplinary authority confirmed the order of termination from service. While rejecting the appeal, the appellate authority has observed that if the petitioner was suffering from mental illness, he could have informed the department about the same.;