Sajjan Singh vs Uoi And Ors
2016 Latest Caselaw 2389 Del

$~2.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 1294/2016
       SAJJAN SINGH                                        ..... Petitioner
                          Through: Mr. Ankur Chhibber, Advocate


                          versus


       UOI AND ORS                                      ..... Respondents
                          Through: Mr. Nawal Kishore Jha, Advocate with
                          Mr. R.M. Tripathi, Advocate and Mr. B.K. Rout,
                          Pairvy Officer, CRPF.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
       HON'BLE MR. JUSTICE SUNIL GAUR

                          ORDER

% 28.03.2016

1. The present petition has been filed by the petitioner praying inter alia

for quashing the order dated 14.01.2016, issued by the Deputy Inspector

General of Police, Group Centre, CRPF, Srinagar, rejecting his appeal

against the order dated 05.12.2015, declaring him medically unfit due to

varicose veins in both the lower limbs.

2. Mr. Chhibber, learned counsel for the petitioner submits that the

petitioner was selected to the post of Head Constable (Ministerial) and was

issued a letter of appointment on 21.09.2015, asking him to report for duty

at the Group Centre, CRPF, Rambagh, Srinagar on or before 20.10.2015.

One of the terms and conditions of the offer of appointment issued to the

petitioner was that if he reports after one year from the initial medical

examination conducted on 11.10.2014, then his medical examination shall

be conducted at the Group Centre and he shall be appointed with effect from

the fresh date of medical fitness. Accordingly, the petitioner had reported for

duty on 20.10.2015, which was after the expiry of one year from the date of

his initial medical examination and on undergoing a medical check-up on

23.10.2015 at the Government SMHS Hospital, Srinagar, he was referred to

the OPD for a specialist opinion with regard to varicose veins.

3. The examination report dated 26.10.2015, opined that the petitioner's

condition fell within the normal parameters. He was again examined at the

BSF Hospital, Srinagar on 30.10.2015 and it was observed that there was no

condition of varicose veins and the petitioner was declared fit for

recruitment. However, when the Chief Medical Officer, Group Centre,

Srinagar had examined the petitioner on 4.11.2015, it was noticed that he

was suffering from varicose veins and he was directed to be examined by the

Board of Medical Officers at the Composite Base Hospital at Jammu before

passing any orders with regard to his unfitness. Resultantly, the petitioner

had appeared before the Medical Board at Jammu on 01.12.2015 and vide

letter dated 05.12.2015, he was informed that his candidature for the post of

Head Constable (Ministerial) was cancelled since he was found medically

unfit.

4. Immediately thereafter, the petitioner had of his own got himself

examined at AIIMS, Delhi and as per the report dated 10.12.2015, his

condition was found to be normal and there was no dilation of veins. The

petitioner had also undergone a medical examination at the Safdarjung

Hospital, Delhi on the same date and it was opined in the medical report

dated 10.12.2015, that he is normal with no indication of any varicose vein.

Armed with the aforesaid reports, the petitioner had submitted an appeal

dated 15.12.2015 before the Inspector General of Police (Medical) at New

Delhi and had prayed that a Review Medical Board may be convened, which

request has been turned down by the impugned order dated 14.01.2016,

observing inter alia that once the Board declares a person unfit, there is no

provision for a re-medical examination by the Force.

5. On the last date, Mr. Jha, learned counsel for the respondents was

directed to produce the medical records of the petitioner, which he has

produced today and we have examined the same.

6. Counsel for the petitioner has drawn our attention to two reports

obtained by the petitioner from Government Hospitals at Delhi, namely,

AIIMS and Sardarjung Hospital that state that the Doppler test undertaken

by the petitioner shows that he does not suffer from varicose veins. Having

regard to the said reports, it is deemed appropriate to direct the petitioner to

appear before the CRPF Composite Hospital at New Delhi alongwith the

reports obtained by him from AIIMS and Safdarjung Hospital, which shall

be placed before a Medical Board to be constituted by the Director, CRPF

Composite Hospital, New Delhi. The Board shall include a specialist in the

field. After examining the petitioner in the light of the reports obtained by

him from AIIMS and Safdarjung Hospoital, a fresh decision shall be taken

with regard to his medical condition as referred to in the impugned order

dated 14.01.2016. If the Medical Board is of the opinion that the petitioner is

required to undergo a fresh Doppler test and the said facility is not available

in the CRPF Composite Hospital, he shall be referred to any CGHS Hospital

for undergoing the said test, which shall be considered by the Medical Board

and an opinion given thereafter. It is agreed that the said decision shall be

final and binding on both the parties. The entire exercise shall be completed

within six weeks

7. The petition is disposed of.

DASTI to the counsel for the respondents.

HIMA KOHLI, J

SUNIL GAUR, J MARCH 28, 2016 rkb/ap