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2013 DIGILAW 3023 (ALL)

Madhav Prasad Pandey v. State of U. P. and 3 Ors.

2013-12-12

D.Y.CHANDRACHUD, SANJAY MISRA

body2013
Sanjay Misra,J:- This special appeal has been filed against the judgement of the learned Single Judge dated 22 May 2013 dismissing the petition under Article 226 of the Constitution of India. 2. The Senior Superintendent of Police, Etawah passed an order dated 21 November 2007 after due opportunity to the appellant, declining to grant wages for the period 11 January 2007 to 23 August 2007. This order was unsuccessfully challenged before the learned Single Judge. 3. The contention of the appellant is that he had undergone medical treatment during the period in question. However, it has emerged during the course of inquiry, that the appellant had placed reliance on OPD tickets, which did not indicate any indoor hospitalization. The appellant remained unauthorizedly absent from 11 January 2007 to 23 August 2007, for a period of 226 days. 4. This Court in this special appeal finds that there is no material on record to indicate that the appellant was hospitalized for medical treatment. In these circumstances, the learned Single Judge was justified in holding that the view taken by the authorities was based on appreciation of the evidence and did not suffer from any perversity. 5. There is no merit in this appeal. It is accordingly dismissed. There shall be no order as to costs. _________________