Bombay High Court
Sau. Kiran Sanjay Adole vs Kokila Kanteshwar Daivat And Others on 13 August, 2024
Author: M. W. Chandwani
Bench: Avinash G. Gharote, M. W. Chandwani
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 6459 OF 2019
Sau.Kiran Sanjay Adole
-Vs.-
Kokila Kanteshwar Daivat and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.A.S.Shukla, Advs. for the petitioner.
Mr.A.S.Fulzele, Addl.GP for the respondents-State.
Mr.R.V.Shiralkar, Adv. for respondent No.1.
CORAM : AVINASH G. GHAROTE &
M. W. CHANDWANI, JJ.
DATE : 13TH AUGUST, 2024
The issue raised is that the respondent No.1 cannot
perform her functions as are expected to be performed by a
Police Patil under the Maharashtra Village Police Act, 1967
as contemplated by Section 6, 8 and 14, for which the
person to be appointed has to be fit as per the eligibility for
appointment as contained in clause 3(1)(d) of the
Maharashtra Village Police Patils (Recruitment, Pay,
Allowances and Other Conditions of Service) Order, 1968.
The appointment of the petitioner by the order dated
13/01/2016 for a period of five years, which has
subsequently be extended by a further period of ten years
by the order dated 21/12/2020 has been objected to by the
petitioner on the ground that since the respondent No.1 is
certified to have 49% physical impairment as per the
certificate by the Medical Board dated 31/03/2018, (Pg.74)
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which certifies that the physical impairment, which is PPRP
left lower limb, cavus which is permanent, non-progressive
and not likely to improve, the respondent No.1 is unfit to
perform her job as a Police Patil.
2. Though the challenge to the appointment before
the Maharashtra Administrative Tribunal, Nagpur has been
dismissed by the impugned judgment dated 16/07/2019,
which is based upon the certificate dated 31/03/2018, we,
however, find that the certificate does not address the issue
based upon the functions, which the respondent No.1 is
expected to perform considering the above provisions.
Though the covering letter dated 20/04/2018 by the
District Civil Surgeon, General Hospital, Amravati (Pg.77)
indicates that the respondent No.1 is fit to perform the job
of a Police Patil, that is not what is contained in the
certificate of disability dated 31/03/2018 (pg.74)
considering which, it would therefore be appropriate to
constitute a Medical Board, which would opine on the
fitness of the respondent No.1, to perform the functions of
a Police Patil as indicated in the Maharashtra Village Police
Patil Act, by the respondent No.1 and submit a report to
this Court. We, therefore, direct the Civil Surgeon, Nagpur
to constitute a Board to examine the respondent No.1 and
render an opinion as to whether her physical impairment
would be detrimental for her to perform the duties assigned
to her under the Maharashtra Police Patil Act. The Civil
Surgeon, Nagpur is expected to constitute the board within
a period of two weeks before whom the respondent No.1
would appear on 29/08/2024. The report shall be
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submitted to this Court on 02/09/2024.
3. The learned AGP to inform the Civil Surgeon,
Nagpur regarding the order directing the constitution of the
Board.
(M.W.CHANDWANI, J) (AVINASH G. GHAROTE, J)
Signed by: Mr. G.S. Khunte
Designation: PS To Honourable Judge
Date: 13/08/2024 18:21:49
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