Shri Rajiv Sharma vs State Of Delhi And Ors.
2004 Latest Caselaw 1090 Del

JUDGMENT

Manmohan Sarin, J.

1. Petitioner has filed the present writ petition, seeking quashing of order dated 17.8.2004, directing the him to appear for medical examination under Rule 2(2) of the CCS Medical Examination Rules, 1957. Petitioner claims that on account of his difference with respondent No.2, he is being victimised. Petitioner had been earlier directed to appear for a medical examination before a Medical Board. He appeared on 22.6.2004, when he was examined and some tests carried out. The result of these test was no made available, as the petitioner, it is stated, was not examined by the Psychiatrist. Petitioner objected to this examination as being contrary to CCS Medical Examination Rules, 1957, as the approval of the Competent Authority had not been taken. Subsequently, approval of the Competent Authority had been obtained for examination and he had been asked to appear before the Medical Board in the LNJP Hospital. Petitioner lastly received an intimation for appearance before the Medical Board on 14.9.2004 Petitioner had sought deferment.

2. Learned counsel for the petitioner has urged that when the matter was last taken up with the Competent Authority, to the best of knowledge of the petitioner, could not have had any material before it, so as to direct the petitioner's medical examination in terms of the Rules. He submits that there is no medical record, which the Competent Authority could have sent to the Medical Board, as contemplated in some of the decisions taken by the Government. In these circumstances, the records of the case had been called for, especially with regard to the approval been given by the Competent Authority for the examination. The records have been perused by me.

3. The Competent Authority took note of the incident, which had taken place in the office of Chief Electoral Officer on 3.10.2003, which led to the petitioner filing complaints before the Chief Metropolitan Magistrate. The allegations of man handling of the petitioner have been made in the complaint. It was noted that thereafter petitioner has been sending number of representations addressed to various authorities. Based on inputs from different departments, the authorities felt that petitioner was in a disturbed state of mind and required medical help and he was shifted to a non-sensitive department.

4. I have perused some of the communications addressed by the petitioner and a representation dated 18.7.2004 of the petitioner, which prima facie, reflects the highly disturbed state of mind. It does not appear to me that the decision taken by the Competent Authority, at this stage, to have the petitioner medically examined stems out of any mala fides or concerted plan to get rid of the petitioner, as apprehended by the petitioner. The decision of the Competent Authority for getting the petitioner medically examined cannot be said to be based on no material or vitiated otherwise by arbitrariness or irrationality. Nothing observed herein would tantamount to be an expression on the merits of the complaints or representations made by the petitioner or other departmental proceedings pending.

5. Mr.Amiet Andley has produced on record letter bearing No.F.10/MB/LNH/2004/9450 dated 8.10.2004, whereby Dr.B.K.Sainanee, Chairman (Medical Board), has constituted the following as the remaining members of the Medical Board to examine the petitioner.

1. Dr.R.C.Jiloha, HOD, Psychiatric deptt. G.B.Pant Hospital

2. Dr.Arunlata Aggarwal, Asstt.Professor, Psychiatric deptt. G.B.Pant Hospital

3. Dr.Suresh Kumar, Associate Professor, Medicine deptt., L.N.Hospital.

The medical examination has been re-scheduled to 14.10.2004 at 2.30 p.m., at Lok Nayak Hospital. On a query as to why two Psychiatrists had been appointed as members of the Medical Board, learned counsel for the respondent stated that it was to obviate any protest by the petitioner, as on the last occasion. After hearing both the counsel for the parties and with the consent of the parties, let the Medical Board be re-constituted as under:-

1. Dr.B.K.Sainanee, Chairman (Medical Board)

2. Dr.R.C.Jiloha, HOD, Psychiatric deptt. G.B.Pant Hospital

3. Dr.Suresh Kumar, Associate Professor, Medicine deptt., L.N.Hospital.

Learned counsel for the petitioner states that petitioner would appear before the Medical Board on 14.10.2004 at 2.30 p.m., along with his 8 passport size photographs.

Writ petition stands disposed of in the above terms.