HARI SAH Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) In the instant case the parties were heart) at length at the time of admission. Respondent No. 3 has filed his counter affidavit to which a rejoinder is also been filed on behalf of the Petitioner and as such with the consent of the learned Counsels appearing for the parties this writ petition is being disposed, of it the time of admission itself.

(2.) In this writ petition the Petitioner challenges the order of his compulsory retirement as communicated to him by letter bearing No. 1425 dated 30th. April, 1986 as contained in Annexure -'5' to the writ petition.

(3.) For the purpose of disposal of this writ application facts may not be stated in detail, Suffice it to say that by a letter dated 1 -12 -1984 as contained in Annexure -A to the counter affidavit the Petitioner drew the attention of the authorities that as he fell down [in the camp itself in September, 1983 resulting in a fracture caused in his leg, he had not been able to attend P.T. parade and was unable to do any hard work relating to his legs as the said fracture could not be set right, by the doctor. The Petitioner, therefore, by the said letter requested the authorities that a Medical Board be constituted for examining him physically and he be allotted light duties. Pursuant to and in furtherance of the aforementioned letter dated 1.12.1984 the Respondent No. 3 by a letter addressed to the Deputy Director of Health Services while forwarding the aforementioned application of the Petitioner requested the said authority to constitute a Medical Board.