IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15993 of 2011
1. Sarbesh Kumar Chauhan S/O Sri Bansh Narayan
Chauhan R/O Village - Sarenja, P.S. Rajpur, District - Buxar
Versus
1. The Union Of India Through Inspector General, Bihar
Sector, Central Reserve Police Force ( Crpf ), Patna
2. The Inspector General, Bihar Sector, Central Reserve
Police Force ( Crpf ), Patna
3. The Deputy Inspector General Of Police, Group Kendra,
Central Reserve Police Force ( Crpf ), Jhaphan, Muzaffarpur
4. The Commandant, Recruitment Board, Crpf, Group
Kendra Muzaffarpur
5. The Chief Medical Officer of Crpf, Composite Hospital
Group Kendra, Muzaffarpur
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03. 03.11.2011 Heard learned counsel for the petitioner.
Nobody has appeared on behalf of
respondents.
On 16.09.2011 this Court passed the
following order:-
“Learned counsel for the
petitioner and learned Assistant
Solicitor General for the respondent
Union and its official are present.
Learned counsel for the
petitioner seeks permission of this
Court to delete the averments made
in paragraph no.14 of the writ
petition.
Permission is accorded.
Let the petitioner score off
paragraph in its entirety in course of
the day.
The grievance of the
petitioner can be seen from averments
made in paragraph Nos. 10 and 11
which read as under:-
“10. That, in pursuance his
aforesaid application petitioner was
called vide letter dated 11.5.2011
2issued by Respondent No.3 for re-
medical examination on 25.05.2011
at the Composite Hospital CRPF,
Muzaffarpur, Bihar on 25.05.2011
with all the requisites and Medical
certificates and accordingly the
petitioner appeared on the aforesaid
date at the aforesaid venue, but as a
matter of fact nothing was done, no
response was taken and verbally he
was told that he is medically unfit,
but, no any document to the aforesaid
effect was given to the petitioner and
the petitioner was returned empty
handed.
11. That thereafter, became
highly perturbed and gave a
representation to respondent no.3 on
25.05.2011 stating therein the
aforesaid fact that as to how nothing
was done by the Review Medical
Board and he requested for doing his
Medical Test again so that he may get
justice and may be able to serve the
nation.”
Learned counsel for the
petitioner states that in the facts akin
to the present case, this Court
disposed of one writ petition being
C.W.J.C. No. 12642 of 2011 by order
dated 4.8.2011. The said order is part
of Annexure-6 series. It is contended
that the present application may also
be disposed of in the aforesaid terms.
Learned counsel for the
respondent Union prays for and is
granted four weeks’ time to take
instruction and file counter affidavit,
if any.
Post this matter after six
weeks as last zero item. It is made
clear that if no counter affidavit is
filed, this Court shall proceed to
dispose of the writ petition
considering the averments made
therein and the stand taken by the
petitioner.”
It is the grievance of the petitioner that he
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filed Appeal for subjecting him to review Medical
Board and accordingly he was directed to appear
with all requisite papers/documents on 25.05.2011.
Petitioner did appear before the respondent, but
thereafter nothing was done inasmuch as the
respondents have not made any correspondence
with the petitioner. It is contended that a detailed
representation in this regard has already been
preferred before the Deputy Inspector General of
Police, Group Kendra, Central Reserve Police Force,
Muzaffarpur (respondent no.3). It is contended
relying on an order of this Court passed in C.W.J.C.
No. 12642 of 2011 (part of Annexure-6 series) that
the application be disposed of directing the
respondent to consider and dispose of the
representation in accordance with law within a time
frame.
Having heard learned counsel for the
petitioner and on going through the pleadings on
records, this Court is satisfied that the application
be disposed of by the following orders.
Let petitioner file a fresh and detailed
representation in this regard before Deputy
Inspector General of Police, Group Kendra, Central
Reserve Police Force, Muzaffarpur (respondent no.3)
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within a period of three weeks from today along with
a copy of the present order, whereafter the said
representation shall be considered and disposed off
in accordance with law by a reasoned order under
intimation to the petitioner within a maximum
period of four weeks from the date of
receipt/production of the representation.
(Kishore K. Mandal, J.)
P.K.