AZAD SINGH BHARDWAJ Vs. UNION OF INDI

JUDGEMENT

(1.) Petitioner by this Writ petition, assails the order dated 10.11.2000 passed in O.A.No. 2298/1999 and O.A.No. 2441/1999. By the impugned order, the O.As filed by the petitioner were dismissed. OA No. 2298/1999 relates to an incident of 15.1.1996 where the petitioner had been censured for being slack on duty and for writing while sitting on a sofa. The matter was taken in appeal and revision departmentally when the punishment of censure was meted out and confirmed vide orders dated 14.3.1998 and 11.11.1996. The challenge to the revisional order in OA No.2441/1999 was dismissed as barred by limitation.

(2.) O.A. No.2441/1999 relates to an incident of 19.3.1994 in which the petitioner had been meted out the punishment of censure. The allegation was that the petitioner being the SHO, did not take care and ensure that the MLCs were collected in the road accident case. It is further claimed that MLCs were not collected for extended period. The petitioner's explanation in this case was that he was on leave on the date of the incident,i.e., 19.3.1994 and as such, could not ensure the MLC being collected the same day. Petitioner further contends that no action had been taken against the I.O. and the Additional SHO, who were on duty on the said date. Besides, the main plea raised by the petitioner is that his neurological condition, following a serious accident while on duty on 6.3.1994, prevented him from discharging his duties in an efficient manner during the relevant period. It is the petitioner's case that following the accident on 6.3.1994, petitioner had suffered head injury affecting his speech involving deficient memory and recall. It is the further case of petitioner that on account of these disabilities, doctors recommended that petitioner be assigned light duties. Mr.Bhardwaj urged that when a person is suffering from neurological defects, as a part of rehabilitation and recovery, it is necessary that he is not put on bed rest and rather is assigned light duties for his optimum recovery and rehabilitation.

(3.) The other incident referred to, relates to being found sitting on sofa and making entries thus exhibiting slackness on duty, is sought to be justified on the ground of medical condition.