GOVERNMENT OF INDIA Vs. P N UPADHAYAY

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the learned Additional Solicitor-General on behalf of the government and the respondent who appeared in person. The respondent was retired from service w. e. f. 17/09/1984 on the basis of a medical report. The central Administrative tribunal held that there was a defect in the constitution of the Medical Board. The order of retirement was, therefore, set aside and the government was directed to reinstate the respondent in service forthwith with all consequential benefits.

(3.) We find that, even assuming that there was some defect in the constitution of the Medical Board on the basis of the report of which the respondent was retired, the government constituted a fresh Medical board on two occasions in 1983 and called upon the respondent to appear before this Medical Board for medical examination but the respondent did not appear before the Board. When the matter came up arising out of Special Leave Petition (C) No. 738 of 1988 before us on an earlier occasion, after hearing parties, we directed that a special Medical Board may be constituted to examine the fairness of the respondent to continue in service. This report has been received. The special Medical Board convened on 10/10/1991 has expressed the opinion that the respondent cannot be retained in any post, even in a lower, post, because of his eyesight which is likely to deteriorate further.