MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India is seeking the issuance of a writ of certiorari to quash the order prematurely retiring him from service on the ground that he is declared as medically unfit with effect from 27.5.1992 on attaining the age of 55 years.

(2.) The petitioner started his career as Constable in the year 1957 and at the time of his premature retirement he was working as Assistant Sub Inspector. The date of birth of the petitioner is 16.1.1937. In the normal course he would have retired on 31.1.1995. While so, he was prematurely retired from service on 27.5.1992. The order of premature retirement reads as follows:-

(3.) Before retiring him on the ground that he was medically unfit, the comments of the Superintendent of Police, C.I.D. Headquarters under whom the petitioner was working were called for. According to the Superintendent of Police, the petitioner is good to control new young drivers in M.T. and recommended for extension as admissible in the rules. Thereafter, the petitioner was directed to undergo medical examination. Accordingly the petitioner submitted himself for medical examination in December, 1991. The medical report annexed with the written statement which is marked as Annexure R-1 shows that 'C-Vision is normal' but the Medical Officer opined that he was unfit. The Principal Medical Officer before giving the report contained in Annexure R-1 has undisputedly written to the Additional Director General of Police about the medical standards prescribed. To that the Additional Director General of Police vide his letter dated 8.4.1992 which is marked as Annexure R-2 had stated as follows:-