PRAVINISINH KHENGARBHAI ROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, an unarmed police constable of the police department, filed this Special Civil Application and challenge has been made to the order dated 4th September 1995, Annexure 'G', under which his services were terminated on the ground that he was found unfit for the police force by medical authority, i.e. Medical Board of Referees.

(2.) Thd facts of the case in brief are that the petitioner was selected for the post of police constable (unarmed), and he was given appointment on the said post on 28th Decembeer 1992. The petitioner sustained injury in his left eye while he was discharging duties at the time of Holi festival because of some colour which was spread in the eye of the petitioner. He was hospitalized for treatment of his eye. The petitioner was declared fit for his duties and accordingly he reported for duty and he was directed to undergo training under the letter dated 14th June 1995. Unfortunately again some trouble in the same eye started and the petitioner was directed by respondents, vide their letter dated 16th August 1995, to take medical treatment. The left eye vision of the petitioner was reduced and as such he made a representation to the respondents to provide him work such as clerk, typist, peon for his livelihood. The petitioner was referred by respondents for medical examination and he was declared to be unfit for police force and consequent thereupon the impugned order terminating his services was made on 4th September 1995. Hence this Special Civil Application before this Court.

(3.) The petitioner has been contested by respondents and their action has been justified on the ground that when the petitioner was declared to be unfit for police force the respondents had no option but to terminate his services. It has further been submitted that the petitioner remained absent from duties on false pretext. So far as the claim of petitioner for giving him alternate work such as clerk, typist, peon, etc. is concerned, the respondents have stated nothing in the reply.