Ritesh Vs. Dakshin
Haryana Bijli Vitrn Nigm.Ld.&Ors  INSC 1986 (19 November 2008)
SUPREME COURT OF
INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil)
No(s).9194/2008 (From the judgment and order dated 22/01/2008 in CWP No.
12412/2006 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) RITESH
Petitioner(s) VERSUS DAKSHIN HARYANA BIJLI VITRN NIGM.LD.&ORS Respondent(s)
Date: 19/11/2008 This Petition was called on for hearing today.
HON'BLE MR. JUSTICE
S.B. SINHA HON'BLE DR. JUSTICE CYRIAC JOSEPH For Petitioner(s) Mr. Abhyuday
For Respondent(s) Mr.
Manjit Singh, Adv.
Mr. T.V. George, Adv.
UPON hearing counsel
the Court made the following ORDER Leave granted.
The appeal is allowed
in terms of the signed order.
[ Meenu Sethi ] [
Pushap Lata Bhardwaj ] Court Master Court Master Signed order is placed on the
file IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL
NO. 6746 OF 2008 (Arising out of S.L.P. (C) No.9194/2008) Ritesh ...Appellant
Versus Dakshin Harana Bijli ...Respondents Vitran Nigam Ltd. & Ors.
O R D E R
appointed in the post of Junior Engineer(Electrical) on 3.8.2004. One of the
clauses contained in the 'offer of appointment' reads as under:
" 7. This offer
is being issued and you are allowed to join the services subject to submitting
the required Medical certificates from the concerned CMO in view of Haryana
Government letter No.16/34/2003-04 Power dated 29.7.2004.
In case you are
medically unfit your services are liable to be terminated without any
appellant was medically examined in September, 2004.
Whereas in other
respects he was found medically fit, it was however stated in the medical
" For defective
color vision as per Ishihara's color vision book but can recognize three
primary colors separately."
A show-cause notice
was issued to the appellant as to why his services shall not be terminated on
and from 10.8.2005.
consideration of the cause shown by the appellant and furthermore on the basis
of an opinion of the Medical Board which was constituted for the said purpose,
the services of the appellant were terminated on 1.8.2006.
The writ petition
preferred by the appellant before the High Court has been dismissed by reason
of impugned order.
On 16.4.2008, this
Court has issued a limited notice as to whether the appellant can be
accommodated in any other department in terms of the provisions of the Persons
with Disabilities(Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995.
Mr. Manjit Singh,
learned counsel appearing on behalf of the respondents has drawn our attention
to the fact that according to the medical report, appellant was a color blind
from his birth and, thus, he would not have been able to perform his duties as
Having regard to the
fact that the appellant had been in service for about two years without
interruption, we in exercise of our jurisdiction under Article 142 of the
Constitution of India direct that the appellant may be accommodated in any
other wing of the Respondent-Corporation on the post which would be
commensurate with his qualification. His salary shall, however, remain
-2- We make if clear
that the question as to whether in a case of this nature, the provisions of
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation), Act 1995 shall apply or not has not been gone into by us.
With the aforesaid
directions and observations, the appeal is allowed.
[ CYRIAC JOSEPH ]