HC strikes down discharge order against trainee constableJustice M S Ramesh observed that though the authorities claim that the petitioner was absent without prior permission, the petitioner had produced necessary medical records during the relevant period. The judge added that details with regard to submission of medical records under RTI Act, the authorities in a letter dated January 18, 2016, has confirmed they received the medical certificates from the petitioner.
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HC strikes down discharge order against trainee constable
Kaushik Kannan | TNN | Updated: Dec 30, 2019, 14:40 IST
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MADURAI: Setting aside an order a
discharge order against a trainee police constable, the Madras high court directed the authorities concerned to permit the petitioner to undergo training afresh citing he had produced medical certificates with regard to his ailment for the period of his absence. The petitioner, A Solaikumar, was selected for the post of grade-II police constable in 2012 and was directed to undergo training from February 17, 2013.
The judge observed that when the commander had referred the petitioner for the purpose of medical examination, the medical board ought to have not refused him on the ground that his medical leave had expired. The judge noted that after attending training for 18 days, he developed a medical condition and also periodically informed the authorities concerned about his medical condition and had enclosed medical certificates for his period of absence.
The judge set aside the order and directed the authorities concerned to absorb the petitioner as a probationer and permit him to undergo the required training afresh. The judge also granted liberty to the authorities concerned to subject the petitioner for medical examination before the medical board to ascertain his present medical fitness.
The petitioner had produced all the medical records and fitness certificate and had sought permission from the authorities concerned to rejoin training from July 1, 2013. He was referred to the medical board for medical examination, but the board refused to examine him on the ground that his medical leave had expired. The medical board also sent a report to the commander stating that further proceedings can be initiated against the petitioner.
Based on the report, the commander passed an order on October 28, 2014, stating the petitioner as not eligible and his probation period was declared to have been seized and accordingly discharged. He moved the high court in 2016.
Justice M S Ramesh observed that though the authorities claim that the petitioner was absent without prior permission, the petitioner had produced necessary medical records during the relevant period. The judge added that details with regard to submission of medical records under RTI Act, the authorities in a letter dated January 18, 2016, has confirmed they received the medical certificates from the petitioner.
