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2019 DIGILAW 1239 (JHR)

Binod Kumar Das son of Ram Dayal Das Roy v. State of Jharkhand

2019-07-05

SANJAY KUMAR DWIVEDI

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JUDGMENT : Sanjay Kumar Dwivedi, J. 1. Heard Mr. Sanjeet Nayak, learned counsel appearing for the petitioner and Mr. Akash Deep, learned A.C. to S.C. IV appearing for the respondents. 2. The writ petition is preferred by the petitioner to regularized his service and also to make payment of salary for the period from 01.02.2009 to 30.09.2009 during which the petitioner was on medical leave. 3. Learned counsel for the petitioner submits that the petitioner has taken medical leave for four days from 27.01.2009 to 31.01.2009. But due to his prolonged illness he could not joined his duty on 01.02.2009 and he had to overstay for 242 days and on 01.10.2009, the petitioner gave his joining and submit medical certificate issued by the Dr. Govind Khowala. But the petitioner was directed by the authorities to submit medical certificate issued by the Government hospital. 4. Learned counsel for the respondent State submits that there is provision of appeal under Rule 851 of Police Manual and the petitioner has not preferred the appeal and directly approach this Court. He further submits that alternative remedy is available there to the petitioner. 5. In view of this, the writ petition is dismissed as the petitioner has not preferred the statutory remedy provided in the police manual. It goes without saying that the petitioner if so advised may file the appeal before the authority.