AMARJEET SINGH DAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed seeking setting aside of the order dtd. 4/9/2020 (hereinafter referred to as the impugned order") passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (in short, the learned ,,CAT") in OA No. 1230 of 2020, dismissing the petition filed by the petitioner. The petitioner further prays for quashing and setting aside of the Office Order No. 21(19)/2020/Coord unit/C.E(W CUMTLQA)/EE-C II dtd. 9/4/2020 (hereinafter referred to as the impugned Office Order") issued by the respondent no. 2, transferring the petitioner from New Delhi to Jaipur.

(2.) It is the case of the petitioner that the petitioner, in June 1992, joined as a Sec. Officer in the Horticulture Wing of the respondent no.2. While in service, during the year 2016, the hearing impairment of the petitioner became quite severe, following which a duly-constituted Medical Board examined him at Dr. Ram Manohar Lohia Hospital, New Delhi (hereinafter referred to as Dr. RML Hospital"). The petitioner, vide Disability Certificate dtd. 14/6/2016, was found suffering from bilateral moderately severe mixed hearing loss with amputation left finger" and was assessed as having permanent disability of 65%, that is, 63% for hearing and 2% for locomotor disability of left upper limb.

(3.) The respondent no.2, vide letter dtd. 29/12/2016, sought verification from the respondent no.3 Dr.RML Hospital as to the genuineness of the disability certificate issued by the Hospital to the petitioner. In response to the above letter, Dr. RML Hospital, on 9/1/2017, confirmed the veracity of the Disability Certificate, whereafter, the respondent no. 2 issued an order dtd. 31/1/2017 directing the incorporation of the petitioners disability in his service record.