RAVI KUMAR SINGH v. THE UNION OF INDIA AND 5 ORS
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE MANOJIT BHUYAN
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-11-26. RAVI KUMAR SINGH v. THE UNION OF INDIA AND 5 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/4 GAHC010253072018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7893/2018 RAVI KUMAR SINGH Address:S/O- RAJESWAR SINGH VILL- NEPALI BASTI P. O- DIMAPUR P. S- DIMAPUR DIST- DIMAPUR NAGALAND- 797112 VERSUS THE UNION OF INDIA AND 5 ORS Address:REP. BY THE SECRETARY TO THE GOVT OF INDIA DEPTT OF HOME AFFAIRS NEW DELHI- 110001 2:THE DIRECTOR GENERAL Address:CISF HQ BLOCK- 13 CGO COMPLEX LODHI ROAD NEW DELHI- 110001 3:THE INSPECTOR GENERAL CISF Address:NATIONAL INDUSTRIAL SECURITY ACADEMY HAKIMPET HYDERABAD TELANGANA- 500078 4:THE COMMANDANT CISF UNIT Address:GP HQRS BEHARBARI Page No. # 2/4 GUWAHATI ASSAM- 781029 5:THE COMMANDANT Address:CISF RTC BHILAI- 491107 6:THE REGIONAL DIRECTOR(NER) Address:STAFF SELECTION COMMISSION HOUSEFED COMPLEX DISPUR GUWAHATI- 781006 ------------ Advocate for : MR. S HAQUE Advocate for : ASSTT. S. G. I.
appearing for THE UNION OF INDIA AND 5 ORS: Advocate , , , , , appearing for 2, 3, 4, 5, 6, respectively. BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN ORDER 26. 11. 2020 Heard Mr. S. Haque, learned counsel for the petitioner as well as Ms. B. Sarma, learned counsel representing all the respondents. In pursuance of the Advertisement dated 14. 01. 2015, issued by the Staff Selection Page No. # 3/4 Commission, the petitioner had applied and participated in the selection process for appointment to the post of Constable (General Duty) under the Central Armed Police Forces. Having successfully undergone the Written Test, followed by Physical Standard Test and Physical Efficiency Test, he was offered appointment on 26. 04. 2018. Accordingly, he joined as Constable (General Duty) in the Central Industrial Security Force (CISF), RTC, Bhilai, in the State of Chhattisgarh.
The said appointment was short-lived, inasmuch as, in the Medical Examination which he was required to undergo, the petitioner was found unfit due to a medical ailment, namely, “CSOM (left)”. In that regard a letter was issued on 22. 06. 2018. Taking recourse to the appeal provision, he appeared before the Review Medical Board at the CISF, RTC, Bhilai on 04. 08. 2018, which again declared him as unfit by the impugned finding dated 04. 08. 2018. Petitioner submits that the finding of the Review Medical Board cannot be taken as a conclusive one, inasmuch as, the petitioner was given to understand that there are no Specialist Doctor in the said Medical Board to render an appropriate finding. By means of an additional affidavit filed before this Court on 24. 01. 2020, which the petitioner was required to do in terms of the order of this Court dated 11. 12. 2019, relevant medical documents were enclosed thereto.
A Certificate issued by Surajit Barman, MS(ENT) has been brought on record, which certifies that the petitioner is of sound health and can do normal activities. There is also a report of the Nightingale Hospital Pvt. Ltd. under the signature of Dr. P. Sharma, finding the petitioner’s Right TM intact, sclerosed and Left neo TM intact, thinned anteriorly. There is no dispute to the fact that the petitioner had successfully cleared the Written Examination, followed by the Physical Standard Test and Physical Efficiency Test. As regards the medical ailment of having “CSOM (left)”, the document annexed to the additional affidavit indicates that the petitioner had undergone necessary procedure and is, presently, fit to resume duties. In this regard, this Court is of the opinion that the fitness of the petitioner requires a re-examination by a duly constituted Medical Board to go into the matter.
To reiterate, the petitioner had successfully completed all other necessary qualifying tests to secure appointment as Constable (General Duty). Having regard to the above, this writ petition stands disposed of with direction to the respondent no. 2 i. e. the Director General, CISF to constitute a Medical Board for re- Page No. # 4/4 examination of the medical condition, if any, of the petitioner. The respondent no. 2 shall inform the petitioner of the date when he is required to appear before the Medical Board, giving him such reasonable time that he can appear before the Medical Board. Ms. B. Sarma shall inform the respondent no. 2 of this order and to enable Ms. Sarma to do so, a copy of this order be furnished to her during the course of the day. Petitioner is also permitted to furnish a copy of this order to the respondent no. 2, for his doing the needful in terms of the above. Writ petition stands accordingly disposed of. JUDGE Comparing Assistant
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