HAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) BAPNA, J. 1. This is a petition under Article 226 of the Constitution of India.

(2.) THE petitioner, Har Prasad, was employed as Head Travelling Ticket Examiner (Head T. T. E.) and was directed by his superior officer D. T. S. Bandikui, to appear before the District Medical Officer (D. M. O.), Bandikui, for periodical eyesight examination. THE D. M. O. , after examination, referred Mr. Har Prasad to the Chief Medical Officer (C. M. O.), who declared Mr. Har Prasad as unfit owing to defective eye-sight. Mr. Har Prasad was then ordered by the Chief Traffic Inspector (C. T. I.), Bandikui, to rejoin on the expiry of his leave as Head Ticket Collector at Jaipur on the 2nd of November, 1950. THE petitioner filed an appeal to the D. T. S. , Bandikui, T. S. Ajmer, C. T. M. , Bombay, and General Manager, Bombay. As a result of these representations, he was asked to appear again before the Chief Medical Officer, Bombay, on 8-3-1951. THE C. M. O. maintained his earlier opinion and nothing came out of the petitioner's representations. He has accordingly approached this Court, and has urged that his being posted as Head Ticket Collector involves a reduction in rank, which could not be done without an opportunity being given to him to show cause against the said reduction in rank under Article 311 of the Constitution. It was also urged that the D. M. O. had declared him medically fit as regards his eye-sight, and the C. M. O. had no authority to declare him unfit. It was also urged that he had been so declared unfit without medical examination either on the first or on the second occasion by the C. M. O. It was alleged that the petitioner had got himself examined by various other doctors, who had testified to his medical fitness. It was prayed that the order' of his being posted as Head Ticket Collector be quashed, and he may be directed to be reinstated as Head T. T. E.