G L CHOWDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER was an Assistant Manager with the Respondent No. 2 -Corporation and vide impugned order (Annexure -I), he was pre -maturely retired on medical grounds with effect from 31st July, 1995. Respondent No. 2 - Corporation had done so on the basis of recommendations of the Medical Board, as contained in Annexure R -2, and the disabilities noted by the Medical Board are as under:

(2.) SHORTENING of his right leg for about 2 -1/2 inches. He is however, able to move around and level walk with the help of a stick. He has also acquired the skills in writing with his left handed is able to write adequately well. His mental and intellectual functions are normal.

(3.) IN this petition, quashing of the order compulsorily retiring the Petitioner on medical grounds, is assailed by asserting that the Petitioner was not heard before taking the impugned decision and on the ground that the impugned action of the Respondent in pre -maturely retiring the Petitioner is bad in law as the Petitioner was fit to perform his duties after he has resumed his duties in the year 1993.