Punjab-Haryana High Court
Gurmeet Singh vs State Of Punjab And Others on 11 August, 2011
Author: Ritu Bahri
Bench: Ritu Bahri
Civil Writ Petition No. 19049 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 19049 of 2009
Date of decision:-11.8.2011
Gurmeet Singh
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:- Mr. K.G. Chaudhary, Advocate
for the petitioner.
Mr. Praveen Chander Goyal, Addl.A.G. Punjab.
RITU BAHRI J.(Oral)
Challenge is to the order dated 01.12.2009 (Annexure P-5) passed by respondent No.3 vide which the petitioner has been duly repatriated to his parent department. The petitioner has joined the Police Department in 09.9.1981 in 27th Bn. PAP and was promoted as Head Constable in 1992 and thereafter as ASI in 2006 in 13th Bn. He was sent on deputation on the post of ASI on 28.12.2007 to CID (Intelligence) Department. The petitioner fell ill on 20.09.2008 and he remained on medical leave for about two months. Vide order dated 01.12.2009 he has been repatriated to his parent Department. The petitioner has joined his parent Department in compliance of this order. At this stage, the petitioner does not push to challenge to the repatriation order but his grievance is that he has been sent back by observing that he was suffering from paralysis and being mentally weak, due to which he was unable to work properly in the CID (Intelligence) Department. The petitioner has referred to two health certificates Annexures P-1 and P-2 issued by the Civil Hospital Khanna as well as Civil Writ Petition No. 19049 of 2009 -2- Deep Hospital, Model Town, Ludhiana. Annexure P-1 is issued by the Board of three doctors on 09.11.2009 in which the petitioner was declared physically and mentally fit for job. Annexure P-2 was issued by the Chief Consultant Neurologist, Deep Hospital, Ludhiana on 09.11.2009 wherein it has been certified that the petitioner is under treatment for diabetes, hypertension and lateral medulley syndrome and he has no significant paralysis/weakness of limbs. And he is fit for duties.
In the reply filed by the DIG this fact has not been denied. The order (Annexure P-5) is modified by deleting that the petitioner was suffering from paralysis and mental weakness and unable to do work and walk properly and able to do only light duty and unable to do duty in CID.
The writ petition is disposed of in the above terms.
August 11, 2011 ( RITU BAHRI ) Vijay Asija JUDGE