On receipt of the charge memo containing two charges, the petitioner gave his explanation stating that he sustained injuries to his right hand index finger in an accident and after sometime, the said finger lost its sensibleness. Therefore, he consulted a physician, who advised him to go for plastic surgery to restore its normal function. Accordingly, he underwent the surgery in the year 1999. But instead of regaining strength and energy in the right hand index finger, slowly he lost sensibleness in all the fingers in his right hand. Hence, while serving as a Police Constable in the Puthur Police Station, in the year 2005, as per the doctor's advise, the petitioner applied for medical leave from 6.10.2004 for 28 days to take treatment so as to regain sensibleness in all the fingers. Subsequently, he also extended the medical leave upto 29.11.2004 with medical certificates to adjust the said leave against the unearned leave. Again he extended the medical leave upto 16.2.2005 on two spells to adjust the leave against the unearned leave. After sometime, he also underwent another surgery and also regained sensibleness in his right hand fingers in the year 2007. But these explanations were completely overlooked and finally an enquiry officer was appointed, who also, on completion of the enquiry, found him guilty of the charges. Bused on the report of the enquiry officer finding him guilty of both charges, the disciplinary authority, after issuing a show cause notice calling upon the petitioner to submit his further representation to the report of the enquiry officer and again on receipt of the further representation made by the petitioner to the report of the enquiry officer, imposed the punishment of removal from service. However, after expiry of the appeal time, the petitioner preferred a review petition before the Director General of Police, the first respondent herein, who, on considering the grounds taken in the review petition, modified the punishment of removal from service into one of compulsory retirement.
