Koushik Paul vs Union Of India & Ors
2021 Latest Caselaw 1261 Cal

09.02.2021
Item No. 24
Ct. No. 04
PG


                                 M.A.T. 83 of 2021
                                        With
                              I.A. No. CAN 1 of 2021
                                           r




                                  Koushik Paul
                                        Vs.
                               Union of India & Ors.


              Mr. Victor Chatterjee
              Mr. Barnamoy Basak......for appellant

              Mr. Partha Ghosh
              Mr. Ashok Prasad.......for respondents

Mr. Ghosh, learned advocate appears on

behalf of respondents. On query from Court regarding

referring appellant to an independent institution on

choice exercised by respondents, he submits, the

rules do not permit such course of action.

In circumstances of conflicting reports

regarding vision possessed by appellant, as appearing

from eye tests undergone by appellant in other eye

testing facilities, we propose to direct appellant to

once again undergo eye test at a facility of repute. We

shall make such direction on adjourned date,

awaiting submissions to be made on behalf of

respondents, on instructions received after this order.

In event respondents still cannot come up with a

choice of facility and subsequently appellant gets

himself tested at a facility directed by us giving result,

which does not corroborate the results relied upon by

respondents, we shall appropriately then decide this

appeal. We make it clear that in event further

direction for testing is required, the result will be

additional evidence in the appeal, as required to

enable us to pass judgment.

List on 15th February, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)