The Court emphasized the importance of integrity and devotion to duty in Uniformed Services, and held that unauthorized absence, even with medical grounds, may justify dismissal from service.

ORDER :

Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent herein in his proceedings R.C.No.37739/AP.3(1)/2016 dated 23.07.2016 and the order passed by the second respondent herein in his proceedings C.NO.E-3/P R 15/2013, BO.496/2013 dated 18.06.2013 and quash the same and consequently direct the respondents to reinstate the petitioner into service together with all consequential service and monetary benefits.

The punishment of dismissal from service as confirmed by the Appellate Authority are under challenge in the present writ petition.

2. The petitioner states that she joined as Grade II Police Constable in the Police Department in the year 2009. The petitioner was allotted to Tamilnadu Special Police IV Battalion, Kovipuddur, Coimbatore in the year 2010. She got married to one Mr. R.G. Sivakumar, who is a differently abled person in the year 2010. The petitioner became pregnant and she availed Medical Leave from 09.09.2011 to 05.12.2011. Since the leave had exceeded 60 days, the petitioner was directed to appear before the Medical Board on 30.12.2011. The petitioner had appeared before the Medical Board on 30.12.2011, but she was informed to appear before the Board on 27.01.2012. Due to her advanced stage of pregnancy, she was unable to appear before the Medical Board on 27.01.2012. The petitioner gave birth to a male child on 29.02.2012. The delivery was not only by caesarean, but the baby also was declared abnormal / deformity. Thus, the mother and the baby were referred to intensive care and treatment. The child was also admitted to Child Jesus Hospital, Cantonment, Trichy for treatment. The treatment continued till April 2014.

3. The petitioner states that she was declared as deserter as she was unable to appear before the Medical Board on 27.01.2012 and failed to submit proper leave applications before the competent authorities. Therefore, for the allegation of unauthorized absence, a charge memo under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955 was issued in P.R.No.15/2013 dated 05.04.2013.

4. An Enquiry officer was appointed. The petitioner prepared an explanation and sent it to the enquiry officer through a woman constable and explained her health condition and the health condition of her child. However, the authorities without considering any of the family circumstances and the explanation submitted in that regard, held that the charges are proved. The 2nd respondent / Disciplinary authority accepted the findings of the enquiry officer and imposed the penalty of dismissal from service. The petitioner preferred an appeal before the first respondent on 27.02.2016, explaining the health condition and family condition along with the Medical records and the said appeal was rejected by the Appellate Authority in order dated 23.07.2016. Thus, the petitioner is constrained to move the present writ petition.

5. The learned counsel for the petitioner contended that the petitioner remained unauthorizedly absent based on her medical conditions. Therefore, the reason for unauthorized absent was genuine and the explanation submitted by the petitioner in this regard was not considered by the Disciplinary Authority and the Appellate Authority. No doubt, the period of unauthorized absent was enormous. However, the petitioner submitted all the relevant records, so as to establish that she remained unauthorizedly absent due to medical reasons.

6. The learned counsel for the petitioner states that the case of the petitioner is to be treated leniently as the reasons stated for unauthorized absent was genuine and due to medical conditions.

7. The learned Government Advocate appearing on behalf of the respondents objected the said contention by stating that the petitioner continued her Medical Leave without submitting any proper application to t