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1996 Supreme(Gau) 46

J.N.SARMA
Phanindra Nath Sarma – Appellant
Versus
Union of India and Ors. – Respondent


Advocates Appeared:
L.R.Dutta, M.Hazarika , K.Barua, B.Kalita, B.K.Sharma

This writ application has been filed challenging the legality and validity of order dated 19.3.91 Annexure B to the writ application issued by the respondent No.3 removing the petitioner from service and order dated 13.6.91 passed by the respondent No.2 rejecting the appeal of the petitioner. Annexure B to the writ application is quoted below :

xxxx  xxxxx xxxx

2. On appeal the appellate authority came to the following findings :

"It is a very implausible story in which a Member of a uniformed service admits his unauthorised absence from duty for a period of 1 year 3 months because he felt mentally upset on hearing about the illness of his wife. He continued to absent from duty even when his wife became alright as he himself became unwell. It is surprising that during this period of 1 year 3 months he could not find time to inform his Controlling Officer about the reasons of his absence nor did he report to the Railway Medical Officer for treatment as required under Rules. He also choose to ignore the charge sheet received and acknowledged by him and also ignored the first two dates of the hearing. He finally attended on 15.2.91 after receiving the third notice for hearing indicating




































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