A single-paragraph order dismissing a writ petition challenging the communication of a medical re-examination result. The court held the cause of action had died on arrival as the petitioner had failed to deny facts asserted in the counter affidavit.
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Court No. - 28
Case :- WRIT - A No. - 68907 of 2006
Petitioner :- Arvind Kumar Pandey Respondent :- Union Of India And Others Counsel for Petitioner :- A.K. Pandey Counsel for Respondent :- A.S.G.I.,D.K.Soni,Dr. A.K. Nigam,Harshita Rani
Hon'ble Ajay Bhanot,J.
The petitioner has sought the following reliefs in the instant writ petition:
"i) to issue a writ, order or direction in the nature of mandamus commanding the respondent specially the respondent Nos.2 and 3 to declare the result of the re-medical examination test conducted on 1.2.2006 at Group Centre C.R.P.F., Fafamau, Allahabad by informing the petitioner within stipulated time which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to sent the petitioner for training on the post of 'Bigular' in the department of C.R.P.F. by considering the subsequent medical test dated 8.11.2005 and 7.8.2006 as an impartial test."
Ms.Harshita Rani, learned counsel for the respondents points out that the result of the medical re-examination was duly communicated to the petitioner. A specific assertion to this effect has been made in paragraph-7 of the counter affidavit. The medical re-examination report dated 1.2.2006 is part of the counter affidavit. The letter dated 21.3.2006 by means of which, the said report was served upon the petitioner, is also appended to the counter affidavit. There is no denial of the said facts.
In this view of the matter, the cause of action of the instant writ petition does not survive.
The writ petition is dismissed.
Order Date :- 29.8.2018 Ashish Tripathi
Arvind Kumar Pandey
Union Of India
Ajay Bhanot
As recorded by the court registry
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