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2008 Supreme(Mad) 2403

M.JAICHANDREN
M. Ramachandran – Appellant
Versus
The Secretary to Government Home (Service-K) & Others – Respondent


Advocates Appeared:
For the Petitioner:S. Nirmala Daisy, Advocate.
For the Respondents:T. Seenivasan, Additional Government Pleader, Advocate.

Judgment :-

1. The petitioner has stated that he had joined the police service as Grade-II Constable, on 12. 1971. While so, he had gone on casual leave for four days, from 16. 1982 to 16. 1982. As he had fallen ill, the petitioner had visited the Medical Officer, Government Hospital, Srirangam, who had recommended for four weeks of medical leave from 16. 1982. After expiry of four weeks of medical leave, the medical officer had recommended three more weeks of medical leave from 17. 1982. In the meantime, the petitioners health had deteriorated and he had become immovable as if he had suffered a paralytic stroke. Therefore, the petitioner was not in a position to appear, either before the Sub Inspector of Police, Srirangam, or before the medical officer to obtain the necessary extension of leave. In such circumstances, the petitioner was issued a charge memo, on 112. 1982, under Rule 3(B) of the Tamil Nadu Police Subordinate Service Rules. The charge was with regard to the indisciplined conduct of the petitioner in having absented himself from duty without leave or permission for a continuous period from 8. 1982. Therefore, the petitioner was declared as a deserter from 28. 1982.

2.







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