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2024 Supreme(Raj) 684

SAMEER JAIN
Mukesh Kharera, S/o. Shri Lal Singh Kharera – Appellant
Versus
Union of India, through its General Manager – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arihant Samdaria for Mr. Sunil Samdaria.
For the Respondent: Ms. Nidhi Khandelwal.

ORDER :

Sameer Jain, J.

1. The instant petition is preferred under Article 226 of the Constitution of India, with the following prayers, as reproduced herein-under:-

    “(a) To quash and set aside the order dated 4.10.2000 (Annexure-18) by which petitioner has been shown to be unlawfully absent as I.O.D. from 06.02.2000 to 27.02.2000 and from 14.3.2000 to 4.9.2000 and consequently quash and set aside the order dated 4.10.2000 (Annexure-17) by which payment have been ordered to be withheld for the aforesaid period.

(b) Costs of the Writ Petition may be allowed and

(c) any other relief which this Hon’ble Court deems fit & proper in facts and circumstances of the case be granted to humble petitioner from the respondents.”

2. It is submitted by learned counsel for the petitioner that the order impugned dated 04.10.2000 (Annexure-17), by way of which the payment of the petitioner’s salary for the period subsisting between 06.02.2000 to 27.02.2000 and 14.03.2000 to 04.09.2000 has been withheld, is unsustainable in the eyes of law. In this regard, learned counsel averred that the Railway Protection Force members are entitled to Hospital Leave when they undergo treatment for injuries caused by acci

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