JAI BHAGWAN Vs. U O I

JUDGEMENT

(1.) This petition was filed by the petitioner praying for quashing the order of discharge and show-cause notice which was issued to the petitioner on 31st August, 1996 and, thereafter, to reinstate the petitioner in service in regular appointment or sheltered appointment as the case may be with effect from 31st August, 1996 the date from which he was shown as discharged. However, in the writ petition an alternative prayer was also incorporated by the petitioner directing the respondents to pay to the petitioner disability pension giving him the disability element at 35% with effect from the date of his discharge i.e. 31st August, 1996.

(2.) The petitioner herein was enrolled in the Corps of Engineers on 26th February, 1993. The petitioner was granted casual leave by the respondents for a period of about five days. Pursuant to grant of the said leave the petitioner went on leave with effect from 16th August, 1994 which was effective up to 20th August, 1994.

(3.) It transpires from the records that while coming back to rejoin his duties after expiry of the casual leave period the petitioner met with an accident on 20th August, 1994. Due to the aforesaid accident the petitioner was treated in the hospital and later on he was placed in CEE (Permanent), Medical Category.