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
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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/
