MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for quashing order dated 26.6.2000 (P-16) retiring the petitioner on the ground of medical unfitness. The petitioner, who is a driver in the Punjab Roadways Department almost lost his eye sight of one eye in an accident, which occurred on 18.5.1998 when he was en-route from Nangal to Amritsar, while driving the bus No. PB-12-C-9115.

(2.) The petitioner was appointed as a driver by the respondent State on 17.10.1983. In an accident on 18.05.1998, he suffered injury and his right eye-sight was considerably damaged.

(3.) The report of the accident was recorded in F.I.R. No. 157, dated 18.5.1998 at Police Station Jandiala, District Amritsar. The petitioner has also suffered bodily injuries on his leg. He remained admitted at Civil Hospital, Amritsar. Thereafter he was admitted to Civil Hospital, Hoshiarpur from 18.5.1998 to 27.10.1998 and medical leave in that regard was sanctioned by the competent authority i.e. the General Manager, Punjab Roadways, Nangal (Respondent No. 3), vide order dated 4.12.1998 (P-1). On account of defective eye-sight, the petitioner was not able to perform his duty as a driver and as such he was asked to perform the duty as a Yard Master with effect from 28.10.1998. On 12.10.1999, he was referred to Civil Surgeon, Rupnagar, for conducting a medical examination with regard to his eye-sight (P-9). After submission of the report to the General Manager Roadways respondent No. 3, the petitioner was issued a show cause notice, dated 16.11.1999, under Rule 3(1)(9) of the Punjab Civil Service (Premature Retirement) Rules, 1975 (for brevity, 'the 1975 Rules') for his premature retirement from service (P-10). The petitioner replied to the show cause notice on 6.1.2000 (P-11) in which he had taken the stand that his children were minor and school going. He requested the authorities that by compulsory retirement he would not be able to look after his family and the education of his children would suffer. He also cited his dedicated service rendered by him to the respondents with an object to earn a favourable order. He also requested for his adjustment against a post other than the driver.