Partly allowed

Chinmoy Das v. the Union of India and 6 Ors.

Gauhati HC6 Dec 2021WP(C)/134/2021

Case brief

AI extract

What is this about?

A writ petition by a selected candidate aggrieved over non-examination of his claim by the Review Medical Board was disposed of by directing him to file a duplicate application and the board to review within four weeks.

What did the court decide?

Petitioner directed to submit fresh application/appeal before Review Medical Board; Board to consider and pass reasoned order within four weeks.

Chinmoy Das Vs the Union of India and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010000772021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/134/2021

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CHINMOY DAS S/O LATE BENUDHAR DAS

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R/O RANGAMATI GAON, PO BIHAGURI, PS TEZPUR, DIST SONITPUR, ASSAM 784153

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VERSUS

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THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NORTH BLOCK, NEW DELHI 110001

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2:THE CHAIRMAN STAFF SELECTION COMMISSION BLOCK 12 CGO COMPLEX NEW DELHI 110003

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3:THE DIRECTOR GENERAL

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CENTRAL RESERVE POLICE FORCE (RECRUITMENT BRANCH) EAST BLOCK 07 LEVEL 4 SECTOR 01 RK RURAM DELHI 110066

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4:THE DIRECTOR GENERAL ASSAM RIFLES (DGAR) HEADQUARTER SHILLONG 793001

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5:THE DEPUTY INSPECTOR GENERAL

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Page No.# 2/4

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HQR. 22 SECTOR ASSAM RIFLES HAFLONG ASSAM . C/O 99 APOP. 788820

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6:THE PRESIDING OFFICER

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17 ASSAM RIFLES LOKRA CENTRE OF DETAILED MEDICAL EXAMINATION (DME) SONITPUR ASSAM 784102

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7:THE MEDICAL OFFICER

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17 ASSAM RIFLES LOKRA CENTRE OF DETAILED MEDICAL EXAMINATION (DME) SONITPUR ASSAM 78410

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Advocate for the Petitioner : MR. D BORAH

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Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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06.12.2021

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Heard Mr. D Bora, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned CGC for the respondents in the Union of India.

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The petitioner, who offered his candidature for a selection process for the post of Constable (GD) in the various Armed Police Forces in the Union of India is aggrieved to the extent that his rights and claims are not examined by the Review Medical Board. When the matter was heard on 22.11.2021, the following

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Page No.# 3/4

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order was passed:

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“After hearing the learned counsel for the parties, it appears that the writ petition may be disposed of even without entering the merits of the dispute.

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While it is the case of the petitioner that his application has not been considered by the Review Medical Board, from the affidavit-inopposition filed, it appears that the respondents have denied receipt of such application.

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Under the aforesaid facts and circumstances, this Court is of the observation that without even entering into the inter-se merits, the case may be disposed of by directing filing of a duplicate application before the Review Medical Board which can be directed to be disposed of within a particular time frame.

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List this case for admission on 24.11.2021, on which date, an endeavour would be made to disposed of the case.”

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A reading of the order of 22.11.2021 goes to show that on one hand, it is a case of the petitioner that his application made before the Review Medical Board was not given its due consideration, whereas, according to the respondents in the Union of India no such application is available on record.

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In the circumstance, this Court had observed in its earlier order dated 22.11.2021 that without going into the inter-se merit of the claims of the petitioner, ends of justice would be met on a duplicate application being submitted by the petitioner before the Review Medical Board who can be directed to give a consideration within a time frame.

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Page No.# 4/4

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Both the learned counsel for the parties agrees to the said proposition. Accordingly, this writ petition is disposed of requiring the petitioner to submit a fresh application/appeal before the Review Medical Board and upon such application/appeal being submitted, the Review Medical Board shall give a due consideration to the same within a period of four weeks from the date of receipt of such application and pass a reasoned order.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Chinmoy Das v. the Union of India and 6 Ors.

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Chinmoy Das v. the Union of India and 6 Ors.

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