SAUMITRA DAYAL SINGH,J. - (1.) Heard Sri Rahul Jain, learned counsel for the petitioner, Sri Nripendra Mishra and Sri Pranjal Mehrotra, learned counsel for the respondents.
(2.) This writ petition has been filed, seeking a writ of certiorari to quash the order dated 28.03.2016 passed by the respondent No. 4-Chief Engineer (Distribution), Ghaziabad Kshethra, Pashimanchal Electricity Distribution Corporation Ltd. by which the petitioner's appeal against the order of termination dated 02.05.2015 passed by respondent No. 3 has been dismissed.
(3.) In short, the petitioner's case is that on account of his acute medical condition, he could not attend to his duties for the period 05.09.2003 to 30.05.2004. In this regard, he further claims to have applied for medical leave, which was somehow never granted. Thereafter, the petitioner was terminated vide order dated 23.11.2004. This order became the subject matter of challenge in Writ Petition No. 31934 of 2005 filed by the petitioner. It was allowed by the judgement dated 23.09.2014, wherein the Court found that termination order had been passed without any inquiry being conducted. That writ petition was decided on 23.09.2014 in the following terms: "Having heard learned counsel for the parties and having perused the material on record, this court is of the opinion that to dispense with the inquiry before passing of an order of termination in the facts and circumstances of the case, was justified at all. The petitioner should have been given a proper opportunity of hearing and also of facing a medical board to test whether his medical leave was to be sanctioned or not. Thus the impugned order is justified. It is set aside. In view of the above, the respondents are directed to give to the petitioner an opportunity of hearing including to appear before the medical board. He may also be allowed to adduce such evidence as he deems necessary to show his medical certificate of the relevant time and to prove them. He may also be put at the fresh medical examination done while considering his case of termination fresh. For the foregoing reasons, the writ petition is allowed. The respondents shall decide this matter within a period of three months. The petitioner may approach the respondents for fresh consideration within the next one month.";