IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 15 OF 2008 Virendra Kumar Yadav s/o ] Shri Ram Bhilash Yadav ] PETITIONER. R/o Badhaya Bujurg, Dist.Deoria. ] VERSUS 1 Union of India, ] Through its Secretary ] RESPONDENTS. Ministry of Defence, New Delhi, ] and others. ] ----- Mr. P. N. Kutti, Advocate for the petitioner. Mr. Alok Sharma, Standing counsel for Rsp.Nos.1 & 2. ----- Coram : Naresh H. Patil and N. D. Deshpande, JJ. Date : 9th June, 2009. ORAL ORDER : [ Per – Naresh H. Patil, J. ] Heard. 2 The learned counsel Shri.P.N.Kutti appearing for petitioner submits that the petitioner was ill-treated by the higher officers. He was assaulted, tortured and was kept in prison and though his appeal was pending, he was asked to join his duties and thereafter again forcibly the petitioner was made to sign papers of discharge. 3 All these allegations are refuted by the respondents. Shri.Alok Sharma, counsel appearing for respondents, submits that under the Rules - 2 - WP15/08 and Regulations the petitioner is not entitled to overstay the leave period. From 11/08/2005 to 14/02/2006 petitioner was absent. He overstayed for 188 days beyond the leave period. He joined on 14/02/2006 and thereafter gain remained absent from 18/02/2006 for 236 days and reported for duty on 12/10/2006. 4 Considering the duties which the petitioner was expected to discharge, we find that this absentee period is abnormal and is not properly explained. 5 The counsel for the petitioner submitted that on account of medical reasons, the petitioner could not remain present. We are not satisfied with the record submitted before us that the petitioner was suffering from such an illness which prevented him from joining the duties. 6 In exercise of extra ordinary writ jurisdiction under Article 226 of the Constitution of India, we do not find any case to interfere. 7 Petition is dismissed. [ N. D. Deshpande, J. ] [ Naresh H. Patil, J. ] pcr/wp15.08 - 2 - WP15/08