Raju Kumar vs The Union Of India &Amp; Ors on 20 April, 2011

Patna High Court – Orders
Raju Kumar vs The Union Of India &Amp; Ors on 20 April, 2011
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.6864 of 2011
 RAJU KUMAR, SON OF LATE SANT KUMAR RAI, RESIDENT OF VILLAGE
 PANDEY DIHRI, P.O. SAKLA BAZAR, P.S. KARAKAT, DISTRICT ROHTAS
                                                                        ----PETITIONER
                                           Versus
 1.THE UNION OF INDIA THROUGH THE D.I.G.P., C.R.P.F., GROUP CENTRE-
 JHAPHAN, MUZAFFARPUR
 2.D.I.G., BOARD NO.1, BATA GATE, G.C.C.R.P.F., MOKAMA GHAT, PATNA
 3.THE POSTAL SUPERINTENDENT, POSTAL DEPARTMENT, BHOJPUR,
 ARRAH---------------------------------------------------------------------RESPONDENTS
                                         -----------

For the petitioner :M/S Prabhakar Jha,
Dr.Chandra Shekhar Azad,Advocates
For Union of India :Mr.Shiv Kumar, C.G.C.

—–

2. 20.4.2011 Heard learned counsel for the petitioner and learned

Central Government Counsel.

The petitioner was a candidate for the post of Constable,

GD in the CRPF, who was selected for appointment subject to

medical fitness. The Medical Officer of the Recruitment Board

declared him unfit on two counts. The petitioner thereafter got

himself re-examined by the Civil Assistant Surgeon, Sadar

Hospital, Ara, Bhojpur, who declared him medically fit, and

filed an appeal in accordance with law before the DIGP,

CRPF, Mokama Ghat sending the same by speed post on

27.1.2011. The receipt of the speed post has also been annexed

to the writ petition. It is stated that thereafter the petitioner was

waiting for communication from the respondent authorities for

being considered by the Review/Appeal Medical Board. On
2

being informed by the office of the respondent No.2 that his

application has not been received the petitioner approached the

Superintendent of Post Office, Bhojpur, with a complaint,

who by his letter dated 22.2.2011 informed that “as per

reported by S.P.M., Mokama Ghat that the speed post are not

traceable”.

In the aforesaid circumstances, this Court is of the view

that there is no fault on the part of the petitioner in filing his

appeal within the required period and only on account of the

failure of the Postal Department to deliver his application he

has been deprived of the opportunity of his case being

considered by the Review Medical Board.

The writ application is disposed of with a direction to

the respondent No.2, DIG, Board No.1, CRPF, Mokama Ghat

to send the petitioner before the Review Medical Board within

a period of three weeks from the date of receipt/production of

a copy of this order along with a fresh application annexing

the relevant documents.

(Ramesh Kumar Datta,J.)

Spal/

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