IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15993 of 2011
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Sarbesh Kumar Chauhan
…. …. Petitioner/s
Versus
The Union Of India & Ors
…. …. Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Nurul Hoda
For the Respondent/s : Mr. Raghib Ahsan(Asst.SG)
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2 16-09-2011 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
issued 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.
(Kishore K. Mandal, J)
PANKAJ KUMAR/-