RAJAN MANDLOI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONER was appointed as a Civil Judge Class II, Mandsaur and the appointment was canceled on the ground of his non joining, has filed this writ petition challenging the order Annexure P/15 dated 7.8.2009 passed by the State Government canceling the appointment which was originally made on 4.4.2008 on the post of Civil Judge Class II. Petitioner has also challenged the order dated 12.10.2009 Annexure P/19 by which his representation against the impugned action has been rejected.

(2.) FACTS in brief goes to show that petitioner was selected and was duly appointed on the post of Civil Judge Class II vide order dated 4.4.2008. The High Court posted him as First Civil Judge Class II at Mandsaur and the order in question was passed in this regard on 10.4.2008 vide Annexure P/1. As per this order petitioner was required to report and submit his joining to the concerned District and Sessions Judge within fifteen days from the date of receipt of the order Annexure P/1 dated 10.4.2008. Petitioner received this order on 28.4.2008 and accordingly was required to join the appointed place within 15 days thereof. Contending that petitioner is suffering from Lumber pain with Cellutis and therefore, he is not in a position to join in accordance to the stipulations contained in Annexure P/1, petitioner submitted a letter on 9.5.2008 to the High Court expressing his inability to join on the appointed post. He thereafter submitted a letter again on 8.5.2008 indicating that Doctor has advised further rest of 15 to 20 days. Copy of the letter in this regard is Annexure P/2. Vide Annexure P/3 dated 5.6.2008 the Registrar (Vigilance), High Court of M.P., Jabalpur informed the petitioner that his joining has been extended upto 8.6.2008 and he should join on or before 9.6.2008. The District Judge, Badwani also vide his communication Annexure P/4 dated 6.6.2008 informed the petitioner that he is required to join as Civil Judge Class II Trainee Judge at Mandsaur on 9.6.2008. It is said that petitioner submitted another application Annexure P/5 on 9.6.2008 expressing his inability to join and sought extension of joining time. Similar application seeking extension of joining time was submitted by the petitioner vide Annexure P/6 dated 9.6.2008 and P/7 dated 21.10.2008 and therefore, the High Court vide Annexure P/8 on 14.11.2008 directed the petitioner to submit appropriate Medical Certificate about his ailment from the District Medical Board. However, the petitioner produced a Medical Certificate issued by the Civil Surgeon cum Chief Medical Officer, Mandsaur vide Annexure P/9 along with certain documents said to have been sent by post. Vide Annexure P/11 the petitioner again appeared before the Medical Officer, District Hospital, Badwani on 3.1.2009 and procured a Certificate and forwarded it along with a covering letter to respondent No.2 vide Annexure P/12 dated 15.1.2009. On 22.1.2009 petitioner was again directed to produce the Certificate issued by District Medical Board, Mandsaur within one week. This was not done. Instead the petitioner submitted the Certificate from the Senior Medical Officer, Indira Gandhi District Hospital, Mandsaur indicating that he is fit to join duties on 6.2.2009 and accordingly, it is said that petitioner submitted a letter along with application and Medical Certificate to the High Court on 6.2.2009 vide Annexure P/14 A informing that he is now fit to join duties. According to the petitioner he did not receive any communication after 6.2.2009 but all of a sudden he received impugned letter dated 7.8.2009 from the Respondent No.1 to the effect that his appointment to the post of Civil Judge, Class II (Recruitment Stage) dated 4.4.2008 has been canceled. Inter alia contending that petitioner was sick and without considering the totality of circumstances and his ailment, the impugned action has been taken, this writ petition has been filed.

(3.) IN rebuttal to the contentions made by the petitioner, respondents have stated in their return that petitioner did not join duties inspite of letter dated 19.2.2009 Annexure R/1.