MAFATLAL NARANDAS BAROT Vs. J D RATHOD DIVISIONAL CONTROLLER STATE TRANSPORT MEHSANA

JUDGEMENT

(1.) This appeal, by special leave, is against the judgment and order of the High Court of Gujarat at Ahmedabad, dated May 28, 1963, dismissing in limine an application filed by the appellant under Art. 226 of the Constitution.

(2.) The facts material for the purposes of this appeal may be briefly stated. The appellant was a permanent employee of the State Transport Corporation, Gujarat, hereinafter referred to as the Corporation. At the material time he was employed as a Writer in the Visnagar Depot of the Corporation in Mehasana District. On January15, 1962, the appellant applied to the Divisional Controller, State Transport, Mehasana for leave for 15 days on the ground that he had to attend to his 'personal work'. On January 16, 1962, he was transferred from Visnagar to Ambaji where there was a vacancy in the office of the Depot Manager. On 31-1-1962, a formal order transferring the appellant from Visnagar to Ambaji was passed and he was directed to join duty at Ambaji.

(3.) On that date, the appellant applied for extension of leave on medical grounds but his request was refused by an order, dated February 15, 1962. He was directed to report for duty at Ambaji within 48 hours of the receipt of notice failing which, he was warned, he would be removed from service. On March 3, 1962, the appellant wrote a letter to the Divisional Controller intimating him of his liability to join duty as he was still not well; to this letter, he enclosed a medical certificate.