RISHI KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is by the unsuccessful applicant calling in question the order dtd. 20/9/2022, in Original Application No.170/00545/2020, passed by the Central Administrative Tribunal, Bengaluru, (for short 'CAT') vide Annexure-A to the writ petition, whereby the application filed by the petitioner seeking to quash the speaking order of ACMS/PME.RH/SBC received through e-mail on 28/8/2020, vide Annexure-A6, was dismissed.

(2.) The petitioner filed this petition seeking the following relief:

(3.) A brief outline of facts leading to the present petition as per the petitioner are as under: In response to the Centralized Employment Notification issued by the Railway Recruitment Board ('RRB' for short) on 3/2/2018, the applicant being one of the aspirants to the post of Assistant Loco Pilot ('ALP' for short) in Railway Department applied for the said post. He has cleared first stage and second stage i.e., computer based test and aptitude test. He was short-listed for verification of documents and certificates and thereafter for medical examination. Subsequent to the verification of the documents, the applicant/petitioner was intimated to appear for the medical examination at Railway Hospital on 5/9/2019. Subsequent to the examination, he was communicated through email on 22/11/2019, by the second respondent - Chairman, RRB that, he was found unfit in Aye-one, Bee-one medical tests due to stuttering / stammering. In the communication, he was informed that if he is dissatisfied with the said communication, he may prefer an appeal before the Chief Medical Director, South Central Railway, Hubballi through respondent No.2. As per the communication, the petitioner preferred an appeal on 12/12/2019, against the decision of the Medical Board seeking for re-examination, along with the Medical Certificate issued by the Senior Medical Officer, Civil Hospital, Rewari wherein the said hospital has remarked "stuttering is very mild (not significant)".