STATE OF C G Vs. RAMASHANKAR YADAV

JUDGEMENT

(1.) THIS writ appeal is directed against the impugned order of Annexure- A 1 dated 29th January, 2008 passed in Writ Petition No.4543/2004 whereby the petition filed by the respondent has been allowed in terms of the judgment and order dated 1 8-2-2000 passed in O.A. No. 1207/89 and the appellants herein have been directed to consider reinstatement of the respondent forthwith.

(2.) HEREINAFTER the parties shall be referred to as per their description before the writ court.

(3.) THE respondents in their return have referred Rule 37 of the Rules, 1973 and submitted that if the recruit fails to attain the required proficiency and fails to pass the recruit test at the end of the extended period, he may be discharged by the Commandant. The petitioner failed twice in the recruit test, therefore, the order passed by the respondents is just and proper and in accordance with rule 37 of the said rules.