K.V.R. REDDY Vs. THE INSPECTOR

JUDGEMENT

(1.) The petitioner herein, after his reduction in rank from Sub-Inspector in the 35th Battalion to Head Constable and transferred to the 5th Battalion of the Central Reserve Police Force, has filed this writ petition challenging the order of the 3rd respondent, the Commandant, Group Centre, Central Reserve Police Force, Hyderabad in P. III-41/80 dated 15-10-1980 relieving the petitioner of his duties and retiring him with effect from the forenoon of 16-10-1980 on the ground of invalidation in accordance with the provisions of the Central Civil Services (Medical Examination) Rules, 1957.

(2.) The petitioner was appointed as Head Constable in the Andhra Pradesh Police Force in the year 1963 and promoted as Assistant Sub-Inspector of Police in the year 1967. The Andhra Pradesh Special Police was merged with the Central Reserve Police m 1968 and the petitioner was promoted as Sub-Inspector of Police, in which post he had worked for II years and was confirmed in the said post on 1-5-1972. While so, in March, 1979, the petitioner was placed under suspension on certain allegations of misconduct, and a departmental enquiry was held against the petitioner and he was imposed the punishment of reduction in rank for a period of one year without any effect on his increment and seniority by the Deputy Inspector-General of Police, C.R.P.F. by his order dated 18-1-1980. The petitioner filed a Writ Petition No. 3994/80 challenging the said order and the same was admitted on 21-8-1980 and is pending.

(3.) After his reversion as Head Constable, the petitioner came back to his home town in Ongole on leave for 52 days. After the expiry of the said leave, he reported to the 3rd respondent, the Commandant of the 5th Battalion, C.R.P.F. Tezu, Lohit District, Arunachal Pradesh for medical treatment, the 3rd respondent referred the petitioner to the 2-Base Hospital. C.R.P.F. at Hyderabad for treatment. The Chief Medical Officer of the said Bise Hospital, the 4th respondent herein admitted the petitioner into the hospital for about 15 days during March/April, 1980, Later, the 4th respondent referred the petitioner to a specialist of the Nizam Orthopaedic Hospital for treatment of the disease Chronic anterior horncell L2 to SI. It appears that he was also referred to a Specialist for treatment for angina prectoris. The petitioner was discharged from the Nizam Orthopaedic Hospital on 24-4-1980 with s direction to attend the hospital every two months for check up. The specialist opined that the petitioner was responding to the treatment and that he was making improvement. While so, the 3rd respondent issued a notice P. II-I41/80 G.C. dated 4-9-1980 to the petitioner stating that it was reported by the 4th respondent that the petitioner was suffering from anterior horncell disease with angina pectoris and was declared to be permanently incapcitated for further service as a Combatant in active police service in the force, and that it was proposed to retire the-petitioner from service in accordance with the provisions contained in Para 5(1) of the C.C.S. (Medical Examination) Rules, 1957. The petitioner was also informed by the said notice that his retirement would take effect on expiry of the period of one month of the said notice unless he desired to retire earlier, or proposed to avail any leave due and admissible to him or proposed o appeal against the opinion of the Medical Board. It was further stated in the said notice that this petitioner, if he so desired, Might, within a period of one month of the date of service of notice, make request to examine him by a Medical Review Board, supported by prima facie evidence that good grounds exist for during so, and if ye preferred a request for such an examination by Medical Review Board, he was liable, to pay the fees prescribed under Para 7 of the said rules.