9911796707
TMI Blog2008 (1) TMI 955X X X X Extracts X X X X X X X X Extracts X X X X ..... ccount of the divorce, she sustained mental disability and as a result thereof, she had undergone a prolonged treatment. Due to mental disability, it appears that she might not have appeared in HC-NIC Page 1 of 7 Created On the inquiry proceedings initiated by the petitioner. As per the petitioner, she remained absent and not even defended the inquiry proceedings and the order of dismissal was passed. It is true that the order of dismissal is not challenged by the respondent before the higher forum, however, she has approached the Commissioner for Physically Handicapped persons and ultimately, the Commissioner has passed the order, setting aside the dismissal and also interim directions. 3. Whether the Commissioner has no power to set asid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in such notification, exempt any establishment from the provisions of this section." It may be recorded that the aforesaid provision is to be read in light of the observations made by this Court in case of "GSRTC v. Gopal Motambhai Patel", reported at 2003(3) GLH, 745. 4. Ms.Mandavia, learned Counsel appearing for the petitioner, however, submitted that it is not a case of dismissal from the service on account of the mental disability or reduction in rank and, therefore, if the dismissal has already taken place, it cannot be set aside by the Commissioner, which may result into consequential reinstatement in service with backwages and other directions. She also submitted that on account of the mental disability of the respondent, she is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be assigned to her.
8. In view of the aforesaid, I am inclined to pass the following order: -
Rule.
(a) By interim order, there shall be stay against the impugned order of the Commissioner to the extent that the petitioner shall not be required to pay any backwages to the respondent, but the petitioner shall reinstate the respondent in service by paying regular salary to her from 1.2.2008.
(b) It is further observed and directed that the petitioner shall get respondent examined through a Government Doctor of their choice and if it is so opined by the doctor, such duty may be assigned to the respondent at a place or a nearby place, where she can comfortably and conveniently, in a safe atmosphere, discharge duty. X X X X Extracts X X X X X X X X Extracts X X X X
|
