NAVEEN KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition was listed for preliminary hearing on July 03, 2012 when counsel appeared for the respondents on advance copy being served and accepted show-cause notice and simultaneously obtained 6 weeks time to file reply to the show-cause notice. On the next date i.e. September 03, 2012, further time was granted to file a counter affidavit and the matter was listed for October 01, 2012. On said date further time was granted to file a counter affidavit and matter was listed for today. Counter affidavit has not been filed till dated. Right to file counter affidavit is closed.

(2.) EVEN otherwise, a purely legal issue arises for consideration in view of the fact that the factual backdrop in which the controversy arises can hardly be disputed by the respondents inasmuch as the material annexures relied upon by the writ petitioner are the communications received from the respondents.

(3.) REQUIRED to appear before a Medical Board for fitness to be ascertained, the petitioner was declared medically unfit as per medical examination conducted on February 04, 2002. Since the procedures of the law entitled the petitioner to seek a re-medical examination by being brought before a Review Medical Board and for which he had to file an appeal within 30 days of unfitness being intimated, on February 25, 2002 the petitioner submitted the necessary appeal. Unfortunately, for him he heard nothing from the respondents on the subject i.e. the date and the place where petitioner was required to be present to be re-examined by the Review Medical Board and in the meanwhile the candidature of others was processed. It was only on January 18, 2003 that the petitioner was intimated to be present before the Review Medical Board and the petitioner duly presented himself before the Board and upon examination was declared fit. By March 2003 others who were successful had joined the respective Para Military Force to which they were allocated to. The petitioner was called for interview on July 2003 and thereafter having cleared the interview was issued letter offering appointment as a Sub-Inspector in CRPF in April 2004. The petitioner thereafter successfully completed the induction training and was attached to the 72nd Bn.CRPF.