SUPERINTENDENT Vs. VANRAJSINH GAMBHIRSINHG JADEJA

JUDGEMENT

(1.) This appeal, which is filed under clause 15 of the Letters Patent, is directed against judgment dated 20/04/1992, rendered by the learned Single Judge, in Special Civil Application No. 2842/86, by which order dated 17/05/1986 discharging the respondent from service is set aside and the appellant is directed to reinstate the respondent in service with two thirds of the backwages from the date of his discharge from service till reinstatement.

(2.) The respondent had registered his name with Employment Exchange Office situated in Porbandar. On requisition being made, his name was forwarded for the post of Constable in the office of the appellant. The respondent was called for an oral interview vide letter dated 3/01/1985, which is produced at Annexure-A to the original petition. The interview was held on January 21, 1985 and as the respondent was found fit for the post of constable, he was appointed on the said post by an order dated 27/02/1985. The appointment of the respondent was subject to production of medical fitness certificate by him. The respondent got himself examined by R.M.O. at H & M.R. Hospital, Porbandar to get the required medical certificate. The Medical Officer gave him the required medical certificate on 22/04/1985 after examining him. A copy of the said certificate is produced at Annexure-C to the petition. The respondent was thereupon continued in service. However, subsequently it was found that the respondent was not physically eligible as per Rule 4(d) of the recruitment rules and, therefore, the appellant by an order dated May 17, 1986 discharged the respondent from service. Thereupon the respondent instituted Special Civil Application No. 2842/86 in the High Court and prayed to set aside the said order. The learned Single Judge by the impugned judgment has set aside the order discharging the respondent from service and directed the appellant to reinstate the respondent in service with two thirds of backwages, giving rise to the present appeal.

(3.) The appeal was placed for admission hearing before Division Bench comprising G.T.Nanavati, J.(as he then was) and S.D.Dave,J. and the Division Bench had passed following order on 19/08/1997 :-