PRAVINSINH RANJITSINH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was appointed as Unarmed Police Constable on 1.8.1981 and after his appointment, he was sent for training. After completing the training, he was given Badge No.6414. Thereafter, he met with an unfortunate accident on 11.10.1981 while he was travelling by S.T. Bus and he received severe injury, which resulted in amputation of his right hand from the point of elbow.

(2.) After recovering from the same, he went to resume his duty, but he was not allowed to resume the same and he was sent for medical opinion. The Civil Surgeon, by his report dated 4.3.1982, certified that the petitioner is not suitable for the job of Constable, but he can do the clerical job. Mr.Shah for the petitioner states that though, by mistake, in the copy of the original order, it is mentioned that he is suitable for the job of constable, that is a mistake, and, according to him, in the original certificate, he is found not suitable for the job of constable, but was found fit for clerical job. It is also found by the Civil Surgeon that he can write with his left hand.

(3.) On the basis of the aforesaid certificate, the petitioner made an attempt for getting appointment on the post of Clerk. The Deputy Police Commissioner, Ahmedabad City, by his letter dated 14.4.1982, informed the petitioner that if he is interested to be appointed either on the post of Clerk or Peon, he may apply and, thereafter, his case will be considered. The aforesaid letter is produced at Annexure `B' to the petition at page 13. The petitioner thereafter made an application to the Chief Minister, Home Minister and Inspector General of Police on 2.11.1982 for giving alternative employment in the Department. Thereafter, the petitioner was asked by the Administrative Officer from the Office of the Police Commissioner to give particulars about the compensation which he might have received from the S.T. Corporation in view of the accident in question.