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2002 DIGILAW 474 (GAU)

Oil and Natural Gas Corporation Ltd. v. Atul Ch. Baruah

2002-12-05

P.G.AGARWAL, P.P.NAOLEKAR

body2002
P.G. AGARWAL, J- This Writ Appeal Is Directed Against The Judgment And Order Dated 24.8.2000 Of The Learned Single Judge Passed In Civil Rule No. 4022/95. 2. Heard Mr. O.K. Talukdar, Learned Counsel For The Appellant And Mr. O.K. Bhattacharjee, Learned Counsel For The Respondent-Writ Petitioner. 3. The Petitioner Sri Atul Chandra Baruah Joined The Service Of Oil & Natural Gas Commission In The Year 1984 And While He Was Serving As Junior Technician (Electrical) In The Year 1994, He Remained Absent From Duty And Applied For Leave On Medical Ground. The Petitioner Did Not Attend His Duty With Effect From 1.8.94 And He Sent A Leave Application Supported By Medical Certificate. The Respondent Authority, That Is The Appellant Before Us, However, Did Not Grant Him The Leave And Issued Show Cause Notice And Thereafter Vide The Impugned Order Dated 28.12.94 The Petitioner Was Deemed To Have Resigned From Service From ONGC Ltd. With Effect From 30.10.94 And His Name Was Accordingly Struck Off From The Rolls Of The Corporation. 4. In This Case, There Is No Dispute At The Bar That The Writ Petitioner Did Not Attend His Duties With Effect From 1.8.94 And Subsequently His Services Were Terminated As Stated Above. The Case Of The Writ Petitioner Is That He Was Suffering From Pulmonary Tuberculosis And He Was Under Treatment Of The Doctors. Initially He Was Treated At A Health Care Centre And Thereafter As Per Advice Of The Doctor He Was Treated By The District Tuberculosis Centre, Guwahati. The Petitioner Submitted Medical Certificates As Required But The Same Were Rejected On The Ground That These Were Not Recognised For The Purpose Of Granting Leave. Learned Single Judge Upon Hearing The Parties Vide The Impugned Order Allowed The Writ Petition And Directed Reinstating The Petitioner With All Past Benefits Including The Backwages. Hence, The Present Appeal. 5. The Contention Of The Appellant Is That The Medical Certificates Produced By The Employee Were Not Acceptable As These Were Not Issued By The Specialist Doctor And As Such The ONGC Could Not Accept The Same. Moreover, It Is Mentioned In The Impugned Order Passed By The ONGC That The Medical Evidence Shows That The Petitioner Was Suffering From Bronchitis And Not Tuberculosis As Claimed By Him. Moreover, It Is Mentioned In The Impugned Order Passed By The ONGC That The Medical Evidence Shows That The Petitioner Was Suffering From Bronchitis And Not Tuberculosis As Claimed By Him. Annexure-IX Is The Certificate Issued By The Senior Medical & Health Officer, Kaloogaon PHC Wherein It Was Clearly Stated: "This Case Was Suspected To Be Pulmonary TB Referred To Specialist For Consultation And Further Treatment." Annexure-XI Is The Other Certificate Issued By The Senior Medical & Health Officer-I, District Tuberculosis Centre, Kamrup, Guwahati On 25th August, 1994, Wherein It Was Stated That The Writ Petitioner Atul Chanda Baruah Was Undergoing Treatment At The Said Centre From 25.8.94 And Was Suffering From Bronchitis And Kept Under Observation To Exclude Pulmonary TB. The Said Authority Subsequently Issued Another Certificate On 9th January, 1995 To The Effect That The Writ Petitioner Was Suffering From Pulmonary TB And He Was Advised To Continue Anti-TB Drugs For Another Three Months. The Learned Single Judge, Therefore, Rightly Observed That The Concerned, Authority Failed To Take Proper Notice Of The Medical Certificate And Mechanically Disposed Of The Matter. Further, The Rules Nowhere Provided Detailing Name Of The Specialist From Whom The Medical Certificate Was To Be Obtained And, As Such, The Certificates Issued By The District Tuberculosis Centre Cannot Be Thrown Out. 6. In This Case, On Perusal Of The Documents Available On Record, We Find That The Plea Of Suffering From Tuberculosis Is Not An Afterthought And For Allowing An Application For Leave The Relevant Certificates Were Sent To The Employer And, As Such, We Find No Force In The Submission That This Is A Case Of Willful Unauthorised Absence And The Plea Of Illness Is An Afterthought. We Find Absolutely No Merit In The Appeal And, As Such, No Interference In The Order Of The Learned Single Judge Is Called For. The Writ Appeal is Accordingly Dismissed.