DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner filed this writ petition for issuance of a writ of certiorari to quash the order vide Annexure P-4 whereby the services of the petitioner were terminated.

(2.) The petitioner was appointed as a peon in P.W.D. Public Health Department in Rajpura Division on 29.6.1971. He was later promoted as Driver on work- charged basis with effect from 29.7.1974 and his services were regularised from 1.4.1979. He was also found medically fit on 7.8.1981. The petitioner was transferred to P.W.D. Public Health Circle, Chandigarh at S.A.S. Nagar (Mohali) in the year 1976. On 3.10.1990 when he was driving a car bearing No. PJP 616 it met with an accident due to the failure of the brakes. Thereafter an explanation was called from him on 4.3.1991. The petitioner submitted his explanation and in that he requested that he be posted as Pump Operator or Pump Driver as desired by the authorities, but by an order dated 9.4.1991 (vide Annexure P-4) his services were terminated without giving any opportunity of hearing or enquiry. Therefore, he approached this Court by way of this writ petition to quash the order of termination.

(3.) In the written statement filed by the respondents, it is admitted that the petitioner joined the service as a regular Peon in 1971 and he was appointed as a Jeep Driver in 1974 and that he was transferred to Ist Public Health (GW) Division, SAS Nagar on 8.4.1976 and he worked there till the date of his termination on 9.4.1991. The respondents supported the order of termination on the ground that the petitioner had been declared medically unfit for the post of Driver of Car/Jeep. According to the respondents, the petitioner concealed this fact of declaring him to be unfit as Driver by the Medical Board. They further averred that the petitioner was directed to appear before the Medical Board on 9.10.1990 and the Principal of the Medical College and General Hospital, Sector 16, Chandigarh certified that the petitioner was medically unfit for the post of Driver of the Car/Jeep. They denied that they ever asked the petitioner to give his consent to be posted as a Pump Driver. They also contended that the petitioner did not possess the requisite qualifications for the post of Pump Driver. It is further averred that the petitioner was declared medically unfit for the post of Driver. His services were validly terminated and there are no grounds warranting interference with the order of termination.