Patna High Court - Orders
Niraj Kumar vs The Union Of India & Ors on 19 March, 2018
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4081 of 2009
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NIRAJ KUMAR
... ... Petitioner/s
Versus
THE UNION OF INDIA & ORS
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajendra Singh, Sr. Adv.
For the Respondent/s : Mr. Awadhesh Kr. Pandey, SCG 2
Mr. ravinder Kumar Sharma, CGC
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
19 19-03-2018In the present case, the petitioner was earlier selected in the Army Postal Service and, later on, he was again medically re-examined and was declared unfit.
Learned counsel for the petitioner submits that the petitioner was never re-examined, so, the question of declaring unfit by the Medical Specialists, Military Hospital, Namkum does not arise.
The outcome of this case hinges upon the re-medical examination of the petitioner. Learned counsel for the petitioner submits that once the petitioner has been declared fit by the Medical Board, he cannot be called for re-medical test and can declared him to be unfit as there is no such rule for the same.
Even if there is no rule but, fitness of an army man can be examined at any time as fitness is the hallmark of a soldier. So, the ground that has been taken for re- Patna High Court CWJC No.4081 of 2009(19) dt.19-03-2018 2/2 medical test, this Court feels that it is not of an assistance and the same is rejected. However, the Union of India is directed to produce the re-medical test which has been conducted by the Army Medical Unit at Army Hospital, Namkum.
Put up this case after two weeks under the same heading.
(Shivaji Pandey, J) rishi/-
U