IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No. 20760 of 2008
DATE OF DECISION : JANUARY 22, 2009
JAYAKRISHNA PRADHAN ....... PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. JS Sathi, Advocate, for the petitioner(s).
Mr. Hemen Aggarwal, Advocate, for respondents.
AJAI LAMBA, J. (Oral)
This petition under Articles 226/227 of the Constitution of
India seeks issuance of a writ in the nature of certiorari for quashing order
dated 31.12.2007 (Annexure P-1), whereby the petitioner has been ordered
to be prematurely discharged from service with effect from 30.4.2008. The
petitioner has been declared to be Permanent Low Medical Category
personnel.
The contention of the learned counsel for the petitioner,
essentially, is that there are no recommendations of the Invalidating
Medical Board that the petitioner has become unfit to perform his duties.
The impugned action, therefore, is clearly illegal and the case of the
petitioner is covered by a Division Bench judgment of this Court viz. CWP
Civil Writ Petition No. 20760 of 2008 2
17911 of 2007 (Hav. Ram Chandra Udevania v. Union of India and
others), decided on 11.12.2008.
Learned counsel for the respondents has not been able to
dispute either the fact that the Invalidating Medical Board has not been
constituted to consider the case of the petitioner or the fact that the case is
covered by the aforesaid judgment.
Accordingly, this petition is allowed in terms of judgment of
this Court in CWP 17911 of 2007 (Hav. Ram Chandra Udevania v. Union
of India and others), decided on 11.12.2008.
January 22, 2009 ( AJAI LAMBA ) Kang JUDGE