DINESH SINGH Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India takes exception to the order dated 28.5.2005 whereby the respondents have struck off the name of petitioner form the strength of Unit w.e.f. 28.5.2005.

(2.) Briefly stated, facts narrated by the petitioner are that petitioner was sanctioned leave from 6.7.2004 to 4.9.2004. During this leave, he suffered a jaundice attack because of which he has undergone treatment in Swaroop Rani Nehru Medical College Hospital, Allahabad. The medical fitness certificate dated 27.7.2005 Annexure P-3 is relied upon to contend that petitioner was under treatment from 2.9.2004 to 27.7.2005. Thereafter his daughter, Jagriti Singh suffered from typhoid because of which she has undergone treatment from 29.7.2005 to 10.9.2005. The medical certificate dated 10.9.2005 is filed as Annexure P-4.

(3.) Learned Senior Counsel submits that petitioner received the show cause notice dated 25.4.2005 but because of his own ailment and the ailment of his daughter, could not respond to it. The petitioner received impugned order dated 28.5.2005 whereby his services are terminated by the department.