UNION OF INDIA Vs. AMIT KUMAR

JUDGEMENT

(1.) This petition is directed against the judgment rendered by learned Central Administrative Tribunal, Chandigarh Bench (hereinafter referred to as 'Tribunal' for brevity), in O.A. No. 060/01010/2017 on 31/7/2018.

(2.) The brief facts necessary for adjudication of the petition are that the petitioners issued an advertisement on 18/1/2014 for holding Combined Graduate Level Examination, 2014, for various posts, including the post of Inspector (Central Excise). The last date for receipt of applications was 14/2/2014. Respondent No.1 participated in the selection process. He qualified two tier examination. Thereafter, he was directed to undergo physical test and medical examination vide letter dtd. 18/3/2016. He was also directed vide letter dtd. 5/4/2016 to undergo medical examination and produce the medical certificate of fitness by stating therein that he was not suffering from colour blindness. He got himself medically examined from Civil Surgeon, Bhiwani on 7/4/2016. He submitted certificate No. 115 dtd. 7/4/2016. Civil Surgeon, Bhiwani, also certified that he did not discover any disease affecting bodily infirmity, except one eye. He did not consider it a disqualification for employment in the office of Central Excise department as Inspector. However, the fact of the matter is that candidature of respondent No.1 was cancelled vide order dtd. 23/2/2017.

(3.) It is in these circumstances that respondent No.1 had filed the O.A. It was allowed by the learned Tribunal on 31/7/2018.