E NATARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this writ petition, petitioner seeks to quash the order of the third respondent dated 6. 2. 2004 and reinstate him in service in anyone of the suitable post with arrears of salary and other benefits.

(2.) THE brief facts necessary for disposal of the writ petition are as follows. (a) Petitioner was working as Havildar Jeep Driver at the Office of the Commandant, VIII Battallion, Veerapuram, Chennai-55. On 19. 1. 199 4, at 18. 10 hours, while the petitioner was discharging his duties, one hand pistol belonging to the Commandant was left behind the driver's seat of the Jeep and one Arulnathan took the same to be handed over to Gandhirajan, I. P. S. Petitioner was standing near one Shanmugam, HIV (No. 820 ). The hand pistol accidentally got triggered by Arulnathan, which resulted in multiple injuries to the petitioner and he became unconscious. Petitioner was rushed to the general Hospital for treatment and he was treated there as inpatient from 19. 1. 1994 to 24. 1. 1994. Thereafter, petitioner was shifted to the Christian medical College Hospital, Vellore and petitioner took treatment there for eleven months and thereafter he was discharged. (b) It is stated in the affidavit that an FIR was registered by the Inspector of Police, F-2 Tank Factory Police Station, Chennai-54 against the said Arulnathan for his act of negligence and he was placed under suspension by the department. The said suspension order was challenged by arulnathan before the Tamil Nadu Administrative Tribunal and the Tribunal allowed the application and permitted the said Arulnathan to continue in service. The departmental action initiated against Gandhirajan, I. P. S. , was subsequently dropped. (c) Due to the injury sustained by the petitioner, he was unable to walk without any support as both his legs were totally crippled. Petitioner was able to move only with the support of somebody and the said position improved subsequently and the petitioner is now able to attend to his day-to-day works and also able to sit in the chair and walk slowly. According to the petitioner, there is still a bullet in his spinal cord, which has to be extricated by a minute operation. The said operation could be conducted only in Apollo Hospital, Chennai, for which petitioner has no sufficient funds. According to the petitioner, he filed W. P. No. 11368 of 2001 claiming compensation of Rs. 20. 00 lakhs and the writ petition is admitted and pending. (d) Petitioner's medical leave was sanctioned from time to time and finally petitioner was referred to the Medical Board constituted by the vellore Government Medical College Hospital. Petitioner appeared before the medical Board on 22. 10. 2003 and the Doctors, who examined the petitioner recommended that the petitioner is unfit to hold the post of Police Constable. Based on the said recommendations of the Medical Board, petitioner was medically invalidated with effect from 22. 10. 2003 by order dated 6. 2. 2004 and ultimately petitioner's name was struck off from the strength with effect from 22. 10. 2003 of TSP VIII Battallion, New Delhi. (e) Subsequently petitioner submitted a representation before the first respondent on 19. 9. 2004 and prayed for alternative employment, for which no reply was given by the first respondent till date. Hence the petitioner filed the present writ petition challenging the order of medical invalidation dated 6. 2. 2004.

(3.) THE writ petition was admitted on 8. 12. 2004 and notice was ordered to the respondents. In spite of service of notice on the respondents, no counter affidavit was filed.