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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Ct Gd Raju Kore - Appellant
Versus
Union of India & Ors. - Respondents
W.P.(C) 12747 of 2023 & CM Appls. 50245-46 of 2023
Decided On : 26-09-2023
Termination - Medical Category - The court disposed of the petition with liberty to the petitioner to file a detailed representation and directed the respondent to dispose of the representation in accordance with the law, providing a two-week period before implementing any adverse order.
Fact of the Case:
The petitioner sought quashing of a notice directing him to show cause as to why his services should not be terminated due to low medical category. The petitioner had sustained an injury in 2009 and was continued in service, benefiting from the rehabilitation policy for disabled force personnel.
Finding of the Court:
The court disposed of the petition, granting the petitioner the opportunity to file a detailed representation and directing the respondent to handle the representation in accordance with the law. It also provided a two-week period before implementing any adverse order.
Issues: The issue was the validity of the notice directing the petitioner to show cause for the termination of his services due to low medical category.
Ratio Decidendi: The court allowed the petitioner to file a detailed representation and directed the respondent to handle the representation in accordance with the law, providing a two-week period before implementing any adverse order.
Final Decision: The petition was disposed of with liberty to the petitioner to file a detailed representation and with a direction to the respondent to handle the representation in accordance with the law, providing a two-week period before implementing any adverse order.
JUDGMENT
Sanjeev Sachdeva, J. (Oral) - Petitioner seeks quashing of notice dated 01.09.2023 whereby petitioner has been directed to show cause as to why his services be not terminated on account of low medical category.
2. Learned counsel for the petitioner submits that in the year 2009 petitioner sustained an injury while returning from leave to join duty. He fell from a train and both his legs were amputated. However, since the sustaining of injury in 2009, petitioner was continued in service and subsequently given the benefit of the rehabilitation of Disabled Force Personnel Policy dated 29.06.2018 and has been continuing in service till date. He submits that subject show cause has suddenly been issued without any change in circumstances.
3. Learned counsel submits that since petitioner is not well-versed in law, he could not give a detailed response/representation, however, a short representation has been filed. He submits that petitioner would like to file a detailed representation. He further submits that show cause notice dated 01.09.2023 was received on 11.09.2023 giving him 30 days' time.
4. Issue notice. Notice is accepted by learned counsel appearing for the respondent.
5. With the consent of the parties, petition is taken up for final disposal today.
6. The show cause notice dated 01.09.2023 grants 30 days' time to the petitioner to file a representation, though petitioner has already filed a representation, 30 days' period from the date of notice has not yet expired and if calculated from the date of service of the notice, further 11 days are available to the petitioner.
7. Accordingly, we dispose of this petition with liberty to the petitioner to file a detailed representation on or before 16.10.2023. Respondent would be at liberty to thereafter dispose of the representation in accordance with law. In case any adverse order is passed against the petitioner, the said order shall not be implemented for a period of two weeks to enable the petitioner to avail of such remedy as may be available in law.
8. The petition is accordingly disposed of in the above terms.
9. Order dasti under signatures of the Court Master.
The court emphasized the importance of allowing the petitioner to provide a detailed representation and directed the respondent to handle the representation in accordance with the law, providing a tw....
The court emphasized the right of the petitioner to file a detailed representation and directed that any adverse order shall not be implemented for a period of two weeks to enable the petitioner to a....
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Termination due to physical unfitness must comply with rehabilitation policies for injuries sustained in service.
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Timely consideration of representations and right to seek remedies if aggrieved by the decision
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