M.M.Kumar, J. - (1.) This petition filed under Article 226 of the Constitution prays for quashing order dated 3.12.1992 ( Annexure P.4) discharging the petitioner from service under Rule 12,16 of the Punjab Police Rules (as applicable to Haryana) (for brevity 'the Rules') on the ground that the petitioner was found to have partial amputation of terminal phalynx of left forefinger. A further prayer has also been made for quashing order dated 12.10.1994 (Annexure P.10) passed by respondent no. 2 reiterating the earlier order dated 3.12.1992 ( Annexure P.4). Brief facts of the case necessary for the disposal of the controversy raised in this petition are that the petitioner had appeared and was selected for recruitment as Constable in Commando Police, Haryana. The test was held from 6.1.1992 to 11.1.1992 in accordance with the Rules. The petitioner fulfilled all conditions of qualification, physical standard and age etc. as laid down for enlistment of Constables in Rule 12.15 and 12.16 of the Rules. Accordingly, he was asked to appear with some documents as is clear from the order dated 29.1.1992 ( Annexure P.1) which includes matriculation certificate, four passport size photographs and caste certificate in case of SC/BC. Thereafter, the petitioner was appointed as a member of Police force under the Police Act, 1861 vide order dated 15.4.1992 (Annexure P.2) and he joined for training at Police Training Centre HAP Madhuban. He was subjected to medical fitness and was accordingly found medically fit at the time of joining training. However, on 3.12.1992, the Medical Board, Karnal declared the petitioner medically unfit as he was found to have partial amputation of terminal phalynx of left forefinger. On the basis of the opinion expressed by the Medical Board, an order dated 3.12.1992 ( Annexure P.4) was passed discharging the petitioner from service. It would be appropriate to extract below the order dated 3.12.1992 ( Annexure P.4): "R/ Constable Hukam Singh No. 416/CPF who appeared before the Medical Board, Karnal on 20.11.1992, was medically and physically examined by the Board and found to have partial amputation of terminal phalynx of left forefinger. As such vide Rule no.12.16 for Police recruits, in the opinion of the Medical Board, he is unfit therefore he is hereby discharged from service from PPR 12.21 with immediate effect as he is found unlikely to prove an efficient police officer."
(2.) Thereafter the petitioner represented and his representations was forwarded to the Director Medical College, Rohtak by respondent no.2 - the Director General Health Services, Haryana ( Annexure P.5). The Board of Directors of Medical College, Rohtak re-examined the petitioner and according to the report submitted by the Medical Board he was found fit as is evident from the perusal of the letter dated 17.6.1993 (Annexure P.6). The petitioner again represented to respondent no.2 to withdraw the order dated 3.12.1992 (Annexure P.4) discharging him from service by citing the report ( Annexure P.6) of the Medical Board, Rohtak that has found him medically fit but of no avail. Thereafter, the petitioner approached this Court by filing CWP No. 10847 of 1994 which was decided on 12.8.1994 . The Division Bench directed respondent no.2 to decide the representation of the petitioner. Accordingly, respondent no.2 passed an order dated 12.10.1994 ( Annexure P.10) dismissing his representation and respondent no.2 again rejected the claim of the petitioner by passing the order dated 12.10.1994 ( Annexure P.10) and operative part of the said order reads as under: "In view of the special physical requirements and standards of the Commando Force, the discharge of ex. Const. Hukam Singh No. 416/CPF in Dec., 1992 was in order and no further interference/ intervention is called for at this stage. The second Medical Board's report is also conditional and somewhat ambiguous and hence cannot be deemed to be a specific medical clearance report."
(3.) When the dispute raised in the instant petition came up for motion hearing before this Court on 18.1.1995, the Division Bench of this Court comprising of Hon'ble Mr. Justice Ashok Bhan and Hon'ble Mr. Justice Sat Pal (as their Lordships then were) had directed the petitioner to appear in person before the Bench. Accordingly on 14.2.1995, the petitioner had appeared and while issuing notice of motion, the afore-mentioned Division Bench had passed the following order: "Challenge in this writ petition is to Annexure P.4 vide which the petitioner has been ordered to be discharged being unfit for police service on the basis of the report of the Medical Board. As per this report, the disability of the petitioner is partial amputation of terminal phalynx of left forefinger. Petitioner was directed to appear in person. We have seen the disfigurement of the terminal phalynx of left fore finger. Prima facie, it does not show that this disfigurement would prevent the petitioner from performing his duties. Notice of motion for 1.3.1995. Sd/ Ashok Bhan, Judge Sd/ Sat Pal Judge.";