- (1.) In this application, the petitioner has prayed for quashing the order as contained in Memo No. 2449 dated 7.9.2007, whereby and whereunder the petitioner has been compulsorily retired from the service on account of physical disability.
(2.) The petitioner had secured employment as a constable and after obtaining training joined at Bhagalpur as Reader to the Inspector of Police. Subsequently, the petitioner was promoted to the post of Assistant Sub Inspector of Police in the year 1980. In an encounter with the criminals, while the petitioner was posted as Assistant Sub Inspector of Police in Ghurabandha Police Station in the district of East Singhbhum, he received head injury and according to the opinion of doctor, in course of treatment, the petitioner was advised to consult an Eye Specialist. The petitioner got himself treated at various places and on account of his impaired vision, the disability of the petitioner was declared by the doctor as 75%. A Medical Board was constituted, which conducted a physical test of the petitioner on 28.01.2006 and ultimately it came to the conclusion that on account of his disability, the petitioner was unfit to discharge his duty in police force. Accordingly, on 19.06.2007, the petitioner was informed that from 31.08.2007 (A.N.), the petitioner shall be compulsorily retired. Consequent to the same, vide impugned order as contained in Memo No. 2449 dated 7.9.2007, the petitioner was ordered to be compulsorily retired with effect from 30.11.2007, which order is under challenge in the present writ application.
(3.) Heard Mr. Sanjay Kumar Pandey, learned counsel for the petitioner and Mr. Dhananjay Kumar Dubey, learned Senior Standing Counsel No. 1, for the respondents.;