H.C.RAM NARESH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner had earlier filed W.P. (C) 6717/2018 seeking mandamus directing the respondents no. 3 and 4 Indo-Tibetan Border Police (ITBP) to obtain a third medical opinion to find out the truthfulness of the findings of the Medical Board and the Appeal Medical Board of the respondents no. 3 and 4 ITBP of the petitioner having Alcohol Dependence Syndrome, by referring the petitioner either to All India Institute of Medical Sciences (AIIMS) or to Dr. Ram Manohar Lohia Hospital or to any other hospital and to extend to the petitioner the benefits of the orders passed by this Court in W.P. (C) 7875/2017 titled Sanjay Yadav vs. Union of India and Ors decided on 29th January, 2018.

(2.) W.P. (C) 6717/2018 came up first before this Court on 27th June, 2018 when status quo with regard to service of the petitioner was ordered to be maintained. Finally, the said petition was disposed of by a Bench comprising of us only, by a judgement dated 8th December, 2020, reasoning that the petitioner had been referred for third opinion, seeking which the petition had been filed, and thus the relief claimed in the petition stood satisfied.

(3.) This petition has been filed though by wording the relief differently, but otherwise finding faults with our judgement dated 8 th December, 2020 in the earlier petition bearing W.P. (C) 6717/2018 preferred by the petitioner and seeking an order contrary thereto.