SHAIJU PV v. THE UNION OF INDIA AND 4 ORS.
Court: High Court of Meghalaya
Bench: HON'BLE MR. JUSTICE B. BHATTACHARJEE
Judgment date:
Case summary
High Court of Meghalaya judgment dated 2024-11-26. SHAIJU PV v. THE UNION OF INDIA AND 4 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Serial No. 03 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP (C) No. 221 of 2018 Date of Order: 26. 11. 2024 No. G/214300W Rfn/GD Shri. Shaiju PV, S/o P N Viswambharan 2 Assam Rifles, C/o 99 APO ….. Petitioner -Versus- 1. The Union of India represented by the Secretary, Ministry of Home Affairs Government of India, New Delhi. 2. The Directorate General of Assam Rifles Laitkor, Shillong, Meghalaya – 793010 3. The Brigadier (Pers), H. Q. : Directorate General Assam Rifles, Laitkor, Shillong– 793010, Meghalaya 4. The Record Branch, H. Q. : Directorate General Assam Rifles, C/o 99 APO nd 5. The Commanding Officer, 2 Assam Rifles, C/o 99 APO ….. Respondents ___________________________________________________________ Coram: Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Appellant(s) : Mr. R. Jha, Adv For the Respondent(s) : Dr. N. Mozika, DSGI with Ms. L. M. D. Marak, Adv ORAL:- Heard Mr. R. Jha, learned counsel appearing for the petitioner and also Dr. N.
Mozika, learned DSGI along with Ms. L. M. D. Marak, learned counsel appearing for the respondents. By this writ petition the petitioner has challenged the order dated 03. 05. 2018 by which the petitioner was discharged from service on medical ground. It appears from the record that at the stage of motion of this matter, an interim order dated 31. 07. 2018 was passed in favor of the petitioner on the strength of which the petitioner is continuing his service till today. No attempt has been made by the respondent to get the said interim order vacated. Since the petitioner is continuing in service for more than 6 years on the strength of the interim order, it appears that the respondents at present do not have any issue with regard to the present medical condition of the petitioner.
In the above situation, as agreed to by the learned counsel appearing for the parties, without referring to the merits and demerits of the matter, for the interest of justice, the impugned discharge order dated 03. 05. 2018 is hereby set aside with liberty to the respondents to assess the current medical condition of the petitioner and to pass appropriate order in this regard in accordance with law. With the aforesaid, this writ petition stands disposed of. Judge Meghalaya 26. 11. 2024 “Biswarup PS” Signature Not Verified Digitally signed by BISWARUP BHATTACHARJEE Date: 2024. 11. 27 16:54:52 IST
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