- (1.) The petitioner was appointed as a Driver in the year 1976 in the Punjab Backward Classes Land Development and Finance Corporation, Chandigarh (hereinafter referred to as the respondent- Corporation'). The petitioner was on duty with one Jaswant Singh, Recovery Officer on 26.5.2001. He was driving jeep No. CH-01Q-5421 which was involved in an accident with a Punjab Roadways bus. It is the case of the petitioner that the accident occurred due to the rash and negligent driving of the bus driver. FIR No. 141 dated 26.5.2001 was registered with Police Station, Barnala. The petitioner suffered multiple injuries on the head and other parts of the body. After a lapse of about 9 months on 25.2.2002, Jaswant Singh made a false report to the respondent-Corporation that the petitioner is habitual of drinking and that he has weak eye sight. He stated that the accident occurred due to the weak eye sight of the petitioner as well as due to drinking. The respondent Corporation sent all its drivers for a medical examination before the Medical Board on 30.6.2003. The Medical Board reported that clinically there was nothing to indicate that the petitioner was not fit to drive provided he does not consume alcohol. He was advised to attend the hospital regularly. Subsequently on 29.1.2004, the Medical Board submitted another report in which it was observed that the petitioner was not fit for driver's job. On the basis of the aforesaid report, a show cause notice dated 17.2.2004/27.2.2004 was issued to the petitioner under Clause 20(3)(b) of the Punjab Backward Classes Land Development and Finance Corporation Staff Regulations, 1979 known as 'BACKFINCO' Staff Regulations, 1979. The petitioner submitted a reply to the show cause notice on 3.3.2004. Respondent No. 2 passed order dated 9.3.2004/22.3.2004 terminating the services of the petitioner. The request (Annexure-P.2) made by the petitioner for the grant of alternative Class IV post of Peon was rejected. The petitioner submitted a statutory appeal against the order of termination dated 9.3.2004 to the Chairman of the respondent-Corporation. The appeal filed by the petitioner has also been dismissed. The petitioner has challenged the aforesaid orders dated 7.3.2004 (Annexure-P.3) and dated 15.9.2004 (Annexure-P.5) in this writ petition under Articles 226/227 of the Constitution of India.
(2.) The respondents have filed a written statement. It has been stated that the petitioner initially joined service as Driver on ad hoc basis on 4.5.1977. He was appointed on regular basis by letter dated 28.3.1980. He joined duty as Driver on 3.6.1980. The respondents denied for want of knowledge as to whether the petitioner has sustained any injuries in the accident. It is accepted that the petitioner appeared before the Medical Board but only after show cause notice was issued to him for not appearing for medical examination when he was first ordered to do so. Ultimately when the petitioner appeared before the Medical Board, the following report was given : "Mr. Bahadur Singh was diagnosed to be suffering from ALCOHOL DEPENDENCE and its complication like Generalised cerebrrale, astrophy and Multiple Lacunar Infarcts for which he was suitably investigated and treated. At present there is nothing to suggest clinically that he is not fit for driving provided he does not consume alcohol in future for which he is advised to attend this hospital regularly." Since the aforesaid report was not clear, he was again examined by the Board when the following report was given : "Sh. Bahadur Singh was subjected to repeat PSYCHOMETRY EXAMINATION at GMC, Sector 32, Chandigarh vide No. 11/04 on 19-1-04, the report of which concludes that he has MARKED DEFICITS, in perceptual motor integrative ability, memory and intellectual functioning resulting from ORGANICITY. In view of the above stated facts, the Board is of the opinion that Mr. Bahadur Singh is NOT FIT FOR DRIVER'S JOB." After the report, the petitioner went on leave from 22.7.2003 till 21.3.2004. On the basis of the report given by the Medical Board, the show cause notice was issued to the petitioner under Regulation 20(3) (b) of the 'BACKFINCO' Staff Regulations, 1979. Thereafter order terminating his services was passed on 9.3.2004 (Annexure P-3). As noticed earlier, the statutory appeal filed by the petitioner has been dismissed on 15.9.2005 (Annexure P-5).
(3.) We have heard the learned counsel for the petitioner and perused the paper book.;