NARENDRA NATH TIWARI,J. - (1.) IN this writ petition, the petitioner has prayed for quashing the order of his compulsory retirement dated 28th June, 2005 issued under the signature of the Respondent No. 2, which was communicated by Memo No. 776(G) dated 28th June, 2005.
(2.) IT has been submitted that the impugned order, whereby the petitioner has been compulsorily retired on the ground of disability, is violative of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter to be referred as 'the Disability Act') and is wholly illegal, arbitrary and without jurisdiction. Petitioner's case is that he was duly appointed as Assistant Sub Inspector of Police in the year 1991 and was posted on the said post in District Police Force, Dhanbad. According to the Secondary School Certificate, petitioner's date of birth is 1st December, 1948 and as such, he would attain the age of 60 years in December, 2008. The petitioner, while performing his patrolling duty on 3rd August, 1997, met with an accident, as the Patrolling Jeep dashed against a truck, causing serious injuries to the occupants.
(3.) THE petitioner sustained multiple injuries. His right leg was badly damaged. He remained under treatment for four months, but ultimately his right leg up to thigh was to be amputed. Due to that, the petitioner became physically handicapped to the extent of 80%. The Civil Surgeon -cum -Chief Medical Officer, Dhanbad has issued certificate to that effect. The petitioner was, thereafter, posted at Sindri. A quarter was allotted to him adjacent to the place of work in order to facilitate him to perform his day to day work and official duty.;