SANDEEP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Karmarkar, learned counsel for the petitioner. The petitioner has challenged the legality and correctness of communication dated 22/10/2020 issued by Medical Officer Primary Health Center, Mohpa that is respondent no.5 calling upon the petitioner to get himself examined by Medical Board constituted by Indira Gandhi Government Medical College, Nagpur, for the purpose of verifying the fitness to perform duty or otherwise.

(2.) It is the contention of learned counsel for the petitioner that when the petitioner had already submitted one medical certificate issued by authorized medical attendant, there was no need to again submit medical fitness certificate issued by Medical Board of IGMC Government College, Nagpur.

(3.) The purpose for which the certificate of Medical Board is required is elaborately stated in the impugned communication. It indicates that the petitioner was absent from duty continuously from 08/08/2020 and before that he had taken medical leave for three months from March to May 2020, which resulted in rendering of medical services to be provided by Primary Health Center in disarray. It is also stated that because of such long absenteeism without any justified cause on the part of the petitioner caused great inconvenience not only to the administration but also to the needy patients. On this background the authorities decided to have the petitioner produced before Medical Board so that his case of medical fitness could be thoroughly examined. But, the petitioner has not liked the idea and therefore, has challenged the said communication before this Court by filing the petition.