Petitioner filed writ petition challenging discharge order declaring him unfit for Constable post. Court directed constitution of Review Medical Board due to contradictory medical opinions.
Directed respondents to constitute Review Medical Board, obtain report within four weeks, and consider petitioner's representation thereafter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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RAMESH ..... Petitioner Through: Mr. R.K. Shukla, Advocate
versus
UNION OF INDIA AND ORS. ..... Respondents Through: Mr. J.K. Singh, Standing Counsel for Railways
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R
%
17.02.2016
W.P.(C) 11576/2015
Page 1 of 5
which he had successfully cleared. On 16th June, 2014, the petitioner was examined at the Railway Hospital at Badshah Nagar, Lucknow and was declared medically unfit on the ground that he was “unfit in BEE-ONE category”.
W.P.(C) 11576/2015
Page 2 of 5
that the Senior D.M.O., Northern-Eastern Railways, Izzat Nagar had issued a medical certificate dated 1st /3rd November, 2014 stating inter alia that the petitioner was fit for BEE-ONE Category Constable in Railway Protection Special Force.
W.P.(C) 11576/2015
Page 3 of 5
ONE category, which forms the basis of the impugned discharge order dated 14th August, 2015. He is, however, unable to explain that when there were two sets of contradictory medical opinions in respect of the petitioner, why was a Review Medical Board not constituted.
W.P.(C) 11576/2015
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date of receipt of the said Report, underwritten intimation to him.
HIMA KOHLI, J
SUNIL GAUR, J
FEBRUARY 17, 2016 r/vn
W.P.(C) 11576/2015
Page 5 of 5
1 issue framed by the court
Whether the management was entitled to discharge the petitioner as constable after declaring him unfit in BEE-ONE category despite prior acceptance of his fitness certificate.
Ramesh
Union of India and Ors.
Hima Kohli
Sunil Gaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
