Citation : 2021 Latest Caselaw 6834 Raj/2
Judgement Date : 23 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Writ Miscellaneous Application No. 127/2020
In
D.B. Habeas Corpus Petition No. 237/2017
Smt. Pramila Devi W/o Shri Prahlad Kumar Meena, Aged About
42 Years, Resident Of Quarter No. 181, Type One, GC-1, CRPF,
Ajmer (Raj.)
----Petitioner/Non-applicant
Versus
1. State Of Rajasthan, Through Home Secretary, Govt.
Secretariat, Jaipur (Raj.)
2. Superintendent Of Police, Ajmer.
3. SHO, Police Station, Ramganj, District Ajmer.
----Respondents/Applicant
4. Virendra Meena S/o Shri Babulal Meena, Aged About 32 Years, Resident Of H.No. 481, Behind All Saint School, Police Station, Ramganj, District Ajmer (Raj.)
----Respondents/Non-applicant
For Petitioner/Non- : Ms. Pramila Sharma-petitioner-in-
applicant person For : Ms. Manjeet Kaur, Advocate Respondent/Applicant(s)
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
23/11/2021
Heard on prayer for modification of order dated 28.02.2018.
Learned counsel appearing for applicant (respondent in the
writ petition) submits that though in compliance of the order
passed by this Court, the officer (ASI) is receiving treatment in
the CRPF Hospital at Ajmer, it has become imminent to subject to
(2 of 2) [WMAP-127/2020]
him to examination by the Medical Board. In order to avoid any
allegation of disobedience of the order of the Court, prayer for
modification has been sought in the manner that the employer
may be allowed to subject the officer for examination by the
Medical Board under the Service Rules.
There is no opposition to this prayer by the wife of the officer
(petitioner in the original writ petition).
Considering the submission, we clarify that the order passed
by this Court on 28.02.2018 shall not come in the way of the
employer to subject the officer-Prahlad Meena to be medically
examined by the Board as may be constituted by the authority.
However, the concerned officer shall not be discharged from the
hospital nor any alteration in the treatment shall be made without
leave of the Court.
Application is accordingly finally disposed off.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita /11
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