SMT. VEENA M. Vs. KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD., THE MANAGING DIRECTOR KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD. AND THE BOARD OF DIRECTORS KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD.

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 31.10.2009 Annexure -A and the order dated 07/08.07.2004 Annexure -B compulsorily retiring the petitioner from service. Petitioner was working as Junior Assistant in the respondent Corporation. By order dated 12.07.2002, the; petitioner was transferred from Bangalore to Mangalore. Petitioner without reporting for duty at Mangalore applied for leave on medical ground. In support of the leave application, petitioner also produced a medical certificate. The respondent Corporation doubted the genuineness of the medical certificate produced by the petitioner. Consequently, petitioner was subjected to examination before the Medical Board at Udupi, District hospital. The Medical Board on examination of the petitioner certified that she is suffering from dust allergy and her claim for leave not justified. On the basis of this Medical Board certificate, the petitioner was compulsorily retired from the service as per order dated 7/8.07.2004 Annexure -B. Aggrieved by this order of compulsory retirement, petitioner filed an appeal before the Appellate Authority and the same came to be rejected under the impugned order dated 31.10.2009 Annexure -A. Hence, this writ petition.

(2.) HEARD arguments on both the side and perused the entire writ papers.

(3.) IN identical circumstances, the Supreme Court in Brij Mohan Singh v. State of Punjab, : AIR 1987, S.C. 948 is held as under: