UNION OF INDIA Vs. P. SURESH KUMAR

JUDGEMENT

(1.) This writ application is directed against the order of the Central Administrative Tribunal, Cuttack Bench, Cuttack dated 25.112008 passed in O.A. No. 71 of 2008. O.P. No. 1 was the applicant before the Tribunal. His case before the Tribunal was that while working as Senior Trackman, he applied for selection to the post of Supervisor (P. Way) in the scale of Rs. 4500 -7000/ - in pursuance of a notification issued for filling up 25% of the vacancies by way of Limited Departmental Competitive Examination. He appeared in the written test in July, 2004 and having been selected was promoted to the post of Supervisor (P. Way) by order dated 5.11.2004. He joined in the promotional post on 27.11.2004 whereafter he was sent for theoretical training in Zonal Research Training Institute, Sini, in the State of Bihar from 4.7.2005 to 26.8.2005. He was directed to undergo a medical test in A3 Category and was found unfit due to some itching problem in his eyes. Since the problem was temporary, he submitted a representation on 6.3.2006 for a medical check up again but such request was not attended to. All of a sudden by order dated 14.1.2008, he was reverted to his former post of Senior Trackman. Challenging the order of reversion, he approached the Tribunal in the aforesaid Original Application.

(2.) A counter affidavit was filed by the petitioners before the Tribunal wherein it was stated that the O.P. No. 1 was sent for periodical medical examination on 27.2.2006 at the Divisional Railway Hospital, Sambalpur for A3 Category as he was discharging his duties of Supervisor (P. Way). The Chief Medical Superintendent, Sambalpur declared the O.P. No. 1 unfit for A3 Category but fit for B1 Category. Based on this medical report, he was reverted to the post of Senior Trackman not being medically fit to hold the of promotional post of Supervisor (P. Way). The Tribunal allowed the application the O.P. No. 1 on the ground that he was not given any opportunity of hearing or notice to show cause before the order of reversion was passed and therefore, there has been violation of the principles of natural justice.

(3.) Shri Anindya Kumar Mishra, the learned counsel appearing for the petitioners submitted that though the O.P. No. 1 qualified in the selection test for being promoted to the post of Supervisor (P. Way), the required eye sight for such category of posting is A3 and in course of medical examination on 5.6.2007, he was declared unfit for A3 Category. The learned counsel further submitted that such medical examination should have been conducted earlier but the O.P. 1 being unfit medically for continuing in the post of Supervisor (P. Way), he had to be reverted to the substantive post, i.e., Senior Trackman. Shri Tripathy, learned counsel appearing for O.P. No. 1 defending the impugned order submitted that admittedly no notice to show cause having been issued prior to the order of reversion, the Tribunal was justified in holding that principles of natural justice had been violated.