2008 (1) TMI 955

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....about 9 years. In the year 1999, on account 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 th....

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.... such conditions, if any, as may be specified 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....