Bose, CJ. - (1.) This is an appeal from an Order of Banerjee J. making a Rule under Article 226 of the Constitution absolute and quashing the order of termination of service of the respondent.
(2.) The respondent is a civilian employee of the Ministry of Defence and was first employ ed about twenty-two years back in the Ordinance Section as a permanent labourer in Metal & Steel Factory, Ichapur It is alleged that on or about the 24th February 1960 while working in the course of his employment he received injury on his chest, two hands and shoulders as a result of an accident by fall of a scrap iron and he was immediately shifted to the Military Hospital at Alipur but he was discharged from the said hospital on the 6th March 1960 There after he reported for duty but was not allow ed to resume his duties and was kept under observation of the local hospital of the Metal & Steel Factory for three weeks. Upon the expiry of three weeks he again reported for duty but was not allowed to resume his duties.
(3.) It appears that thereafter he was examined by the Medical Board in January 1960 and it was found that he was suffering from Post Myocardial infraction. On or about 23rd February 1960 the respondent was sent to the Military Hospital at Calcutta for admission and treatment and he was kept in that hospital till 5th March 1960 There also it was diagnosed that the respondent was suffering from Post Myocardial Infraction The Medical Board of the Metal & Steel Factory Hospital which examined the respondent submitted a report on the 29th April 1960 and it appears from the said report that it was found by the Medical Hoard that the respondent was suffering from Myocardial Infraction (Posterior) and in consequence thereof he was completely and permanently incapacitated for further service of any kind of Ordnance Factories. At the time of the examination by the Medical Board the left thumb impression and finder impressions of the respondent were taken and attested by one of the members of the Medical Board. In the meantime the respondent made certain representations before the Authorities concerned and on or about the 24th April 1960 he submitted a Medical Certificate given by a private doctor before the Authorities concerned. According to this certificate there was found nothing wrong with the respondent and he was quite fit for his old job. On or about the 25th June 1960 the respondent was served with an office Order dated 20th June 1960 terminating the service of the respondent with effect from the 29th April 1960 on medical grounds. The material portion of the Order may be set out hereunder :-- "The services of Shri Suklal Morar. T. No. SH/135, Labourer ' B ' are terminated on medical grounds with effect from 29-4-60. 2. The period of his absence from 20-2-60 to 28-4-60 is covered by grant of leave as under : (i) Leave on M C on half pay from 20-2-60 to 25-2-60. (ii) Extraordinary Leave without pay from 26-2-60 to 28-4-60. ";