Raj Kumar vs Union Of India & Ors.
2022 Latest Caselaw 2382 Del

                          $~16
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                      Date of decision: AUGUST 2, 2022

                          +      W.P.(C) 10538/2022 & CM APPL. 30435/2022
                                 RAJ KUMAR                                  ..... Petitioner
                                                  Through: Mr. Vikas Kumar Singh, Advocate.

                                                   versus

                                 UNION OF INDIA & ORS.                          ..... Respondents
                                               Through:         Mr. Apoorv Kurup, CGSC with Mr.
                                                                Ojaswa Pathak, Ms. Nidhi Mittal,
                                                                Advocates with Mr. Gokul Sharma,
                                                                (GP) for R-1.
                                 CORAM:
                                 HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                 HON'BLE MR. JUSTICE SAURABH BANERJEE

                                                   J U D G M E N T (oral)

1. After being declared medically fit on 03.03.2022, petitioner got promotion vide order dated 19.04.2022 and has been transferred to BHQ, Ladakh.

2. Pursuant to order dated 13.07.2022, learned counsel on behalf of the respondents submitted that pursuant to the direction passed by this Court, the petitioner was medically examined and found fit on 03.03.2022 therefore, on promotion petitioner is going to Ladakh, the fresh medical examination was not required. However, as the petitioner himself submitted to the respondent that he was feeling unwell therefore, the petitioner was being examined afresh.

3. The learned counsel for the petitioner on instructions submitted that

Signature Not Verified

Digitally Signed By:BABLOO SHAH Signing Date:03.08.2022 17:04:38 petitioner is fit for all purposes and there is no point to examine him again and that he was already declared medically fit vide medical examination order dated 03.03.2022.

4. Accordingly, the respondents are directed to allow the petitioner to join at the transferee place based upon the medical examination conducted on 03.03.2022.

5. Needless to say, after joining BHQ Ladakh, respondents shall be free to examine the petitioner by a fresh medical board.

6. Petition along with the pending application is accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE

(SAURABH BANERJEE) JUDGE AUGUST 2, 2022/So

Signature Not Verified

Digitally Signed By:BABLOO SHAH Signing Date:03.08.2022 17:04:38