Bombay High Court
Akshay Deepak Bandkar vs Oil And Natural Gas Corporation ... on 16 August, 2017
Bench: Naresh H. Patil
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1458 OF 2015
Akshay Deepak Bandkar ... Petitioner
V/s.
Oil & Natural Gas Corporation Ltd. ... Respondents
Ms. Ranjana Todankar for the petitioner.
Mr. S.P. Bharati for respondents.
CORAM : NARESH H. PATIL AND
Z.A. HAQ, JJ.
16th August, 2017.
P.C.
The petitioner was selected for the post of Junior Fireman (W-1
Level) in the Oil & Natural Gas Corporation Ltd. By communication dated
1st October, 2014 offer of appointment to the said post was given by the
Dy. General Manager. Under the terms and conditions of appointment,
the petitioner was to submit a Physical Fitness Certificate by
Corporation's medical authority. The petitioner had undergone an
examination in Guru Nanak Hospital and Research Centre (Out patient).
The medical officer Dr. S. Shirodkar opined on 10 th October, 2014 that
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petitioner could join duty, but prescribed certain tests. One of them was
'provocative test for Brugada'. The petitioner was further examined by Dr.
C.K. Ponde attached to P.D. Hinduja National Hospital and Medical
Research Centre. On 22nd October, 2014 Dr. Ponde observed that the
petitioner is not fit for offshore duties. A Medical Board thereafter was
constituted including three member Board; (i) Dr. Mrs. Mina Biswal (DGM-
MS); (ii) Dr. Santosh Dora-Cardiologist, Asian Heart Institute and (iii) Dr.
D.R. Kulkarni-CMO, GT Hospital. On 5th November, 2014 the Medical
Board Examination recommended that petitioner Mr. Akshya Bandkar
was unfit for the job of Jr. Fireman.
2. The Counsel appearing for the petitioner submits that without
examining the petitioner the Board expressed its opinion. One of the
opinions of the Experts was in his favour. On instructions learned
Counsel submits that petitioner is ready and willing to undergo medical
tests afresh. Learned Counsel submits that petitioner may be referred to
experts attached to J.J. Hospital, Mumbai. The expenses of the medical
checkup will be borne by the petitioner. The petitioner would abide by
the said opinion according to the Counsel.
3. We heard the learned Counsel appearing for ONGC who had
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referred to the terms and conditions of appointment.
4. In the facts of the case, the petitioner may get himself examined
from the Experts attached to J.J. Hospital, Mumbai in respect of nature of
ailment as suggested by the Medical Board.
5. We, therefore, direct that the petitioner is entitled to get himself
examined from the Experts in the field attached to J.J. Hospital, Mumbai
and submit a report in a sealed cover to this Court. The Dean of J.J.
Medical College shall nominate the experts for examination of the
petitioner. The petitioner shall make available the earlier medical reports
to the Dean and the Medical Officers who are to examine the petitioner.
6. Stand over to 31st August, 2017, to be heard at 3.00 p.m.
(Z.A. HAQ, J) (NARESH H. PATIL, J.)
L.S. Panjwani, P.S.
