SUBIR SINHA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, learned counsel for the petitioner as well as Ms. R. Devi, learned counsel representing all the Respondents.

(2.) After the medical examination on 18.07.2012, the petitioner was offered appointment almost about 14 months later i.e. on 10.09.2013 whereby he was directed to report by 09.10.2013 to the Office of DIGP Group Centre CRPF, Khatkhati, District-Karbi Anglong. In view of the fact that the validity of his medical examination conducted earlier on 18.07.2012 having expired, the petitioner was asked to undergo a fresh medical examination before joining in the Force. Pursuant thereto, a fresh medical examination was conducted on 14.10.2013 and on the very same day an order was passed by the DIGP Group Centre, CRPF, Khatkhati indicating that the petitioner is unfit due to Colour Blindness-CP-IV. By the said letter dated 14.10.2013 the petitioner was informed that he can submit an appeal for review medical examination with proof of fitness in the form of a Medical Certificate as in Appendix-G attached to the said letter. The said Appendix-G is a Certificate which is required to be given by a Medical Officer certifying that the case requires a review medical examination. Accordingly on 21.10.2013 the petitioner submitted appeal along with a Medical Certificate of one Dr. Bimal Jyoti Debsikdar, SDM and HO Civil Hospital, Silchar who certified that the petitioner was not suffering from total Colour Blindness.

(3.) For the purpose of a review medical examination, the petitioner was subjected to the required medical test of his eye sight at the Composite Hospital, CRPF, Jharoda Kalan, New Delhi by an Eye Board convened for the purpose. The said examination by the Eye Board was conducted on 25.11.2013 and the opinion rendered by the Board was that the petitioner is unfit due to Colour Blindness. Pursuant thereof, the petitioner was informed of the opinion/report of the review medical examination vide Letter dated 17.12.2013.