Central Administrative Tribunal - Mumbai
Sanjay Podder vs Ministry Of Railway on 26 June, 2025
1 OA No.323/2021
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI,
CAMP AT NAGPUR
ORIGINAL APPLICATION No. 323 OF 2021
Dated this Thursday, the 26th day of June, 2025
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
Sanjay Podder (prematurely retired)
(Son of Shri Birendra Chandra Podder)
Date of birth : 04.01.1968 (age : 53 years 03 months)
Last working as Secretary to PCME/Dy. CME (Fr),
Group "A" post, in the office of P.C.M.E.
(Principal Chief Mechanical Engineer), Central Railway,
Chhattrapati Shivaji Terminal (CSMT), Mumbai 400 001
and residing at 13-C, 6th Floor, Railway Officers' Quarter,
Dada Saheb Phalke Road, Sant Gadge Maharaj Trust Lane,
Dadar (East), Mumbai 400 014, State of Maharashtra,
Cell : 91737940995,
Email : [email protected]. - Applicant
(By Advocate Shri R.G.Walia)
Versus
1. Union of India, Through : Secretary,
Railway Board, Raisina Board, Rail Bhavan,
Rafi Ahmed Kidwai Marg, New Delhi 110 011.
Email : [email protected].
2. General Manager, Central Railway, Headquarters' Office,
Chhattrapati Shivaji Maharaj Terminus (CSMT),
Mumbai 400 001, Email : [email protected].
3. PCME (Principal Chief Mechanical Engineer),
Central Railway, Above DRM's Office,
Second Floor, Annex Building,
Chhattrapati Shivaji Maharaj Terminus (CSMT),
Mumbai 400 001.
Digitally signed by Khushboo Mittal Gupta
Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=
8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=
Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639,
CN=Khushboo Mittal Gupta
Reason: I am the author of this document
Gupta Location:
Date: 2025.06.30 14:09:25+05'30'
Foxit PDF Reader Version: 2025.1.0
4. Medical Director,
2 OA No.323/2021
Dr. Babasaheb Ambedkar Memorial Hospital,
Byculla (East), Mumbai 400 023.
5. DRM (Divisional Railway Manager) DRM's Office,
Central Railway, Above DRM's Office, Annex Building,
Chhattrapati Shivaji Maharaj Terminus (CSMT),
Mumbai 400 001. - Respondents
(By Advocate Dr. V.S.Masurkar)
Reserved on 11.06.2025
Pronounced on 26.06.2025
ORDER
Per : Umesh Gajankush, Member (J)
The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs :
"8(a). This Hon'ble Tribunal may graciously be pleased to call for the records and proceedings which led to the issuance of the impugned orders i.e. Order dated 03.12.2019 Annx. "A1"
and Order dated 11.01.2021 Annx "A2" and Order dated 18.03.2020 Annx "A3" and Reply (undated) issued by Sushil Kumar Singh [DSE(S) Railway Board] i.e. Annx. "A4" and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same with all consequential benefits.
8(b). This Hon'ble Tribunal further may graciously be pleased to call for the records and proceedings which led to the issuance of the impugned orders/letters dated 15.12.2020 i.e. Annx. "A5", dated 26.02.2021 i.e. Annx. "A6" and dated 24.03.2021 i.e. Annx. "A7" and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same.
8(c). This Hon'ble Tribunal may graciously be pleased to order and direct the respondents to Reinstate the Applicant w.e.f. 03.12.2019 with all consequential benefits of pay fixation, Khushboo Mittal Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, Seniority, arrears of pay, etc. CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 3 OA No.323/2021 8(d). Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.
8(e). Costs of this Original Application may be provided for."
2. Brief facts of the case are that the applicant belongs to IRSME 1994 Batch selected through Combined Engineering Service Examination conducted by UPSC. It is stated that at the time of premature retirement from Railway Service the applicant was working on the post of Dy.CME (Freight)/Secretary to Principal Chief Mechanical Engineer (PCME)/Central Railway. It is stated that throughout his service career he has never been issued even with a single charge-sheet (major/minor) and thus he has completely clean and unblemished record.
2.1. It is further stated that while in Railway Service, he developed psychiatric illness due to over exposure of X-ray radiation on his head which according to the applicant almost turned him into a lunatic in the year 2010. From the year 2010, onwards the applicant is continuously taking psychiatric treatment ever since he was diagnosed with psychiatric illness in the Institute of Psychiatry (IOP) and Centre of Excellence, Kolkatta (in December, 2010). It is further submitted that due to sharply deteriorating mental health condition affected and inferred directly or indirectly through the APARs (Annual Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Performance Appraisal Report) written since the year 2011-12 Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 4 OA No.323/2021 onwards in which the applicant was graded as 'Average' or 'Below Average'. The applicant's work started improving due to continuous treatment and in the year 2016-17, the applicant was graded as 'Very Good'. His good performance continued in the year 2017-18 and according to the applicant his work was outstanding for the said period, but unfortunately no report was written for the said period i.e. 2017-18.
2.2. It is stated that the applicant was making all due efforts and improving despite his mental illness / sickness. However, all of a sudden he was transferred to Bhusawal vide order dated 23.11.2017, against which he has orally represented to the authority and the said order was never given effect to. However, later on once again the applicant was picked up for transfer to the very same place (Bhusawal) on the very same post from 24.07.2018 against which representation dated 02.08.2018 was submitted for cancelling the transfer order primarily on the ground of his sickness and ill-health.
Unfortunately, the respondents did not consider the said representation and in fact directed the applicant to undergo medical examination at Bhusawal vide order dated 06.09.2018. It is stated that this was primarily done to remove the applicant from service by way of premature retirement and nothing else.
Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 2.3. It is also submitted that when the said letter was issued to the 5 OA No.323/2021 applicant he was already under the treatment of a Railway Doctor at Mumbai and he was under sick-list and this fact was known to the respondents, it is not understood as to why a mentally sick person would be asked to travel to Bhusawal for the purpose of Medical Board when he was already on sick-list in Mumbai. It is submitted that the medical certificate of the medical department (sick-memo) dated 07.08.2018, clearly states that the applicant was suffering from severe depression and that four weeks' time with effect from 07.08.2018 was granted. The applicant continued to remain on sick-
list till 13.03.2019.
2.4. The aforesaid transfer order dated 24.07.2018 was challenged by the applicant before the C.A.T., Bombay Bench at Mumbai in O.A.No.762/2018 which was disposed of vide order dated 17.12.2018 directing the respondents to consider the representation of the applicant and to pass a reasoned and speaking order. Thereafter, order dated 15.01.2019 was passed. It is submitted that order dated 15.01.2019 gives reference to two letters dated 06.09.2018 and 22.10.2018 for the applicant to appear for medical examination before Medical Board.
2.5. Further, letter dated 15.02.2019 was issued by the Medical Director for attending the Medical Board on 16.02.2019. The Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 applicant informed the Medical Director as he was not keeping well, 6 OA No.323/2021 and he would not be able to attend the Medical Board. Thereafter, another letter dated 15.03.2019 was issued by the Secretary to PCME to the applicant in which it is stated that since the applicant is not attending the Byculla Hospital and, therefore, discharged from the sick-list. It is stated that the respondents have coerced the Medical Director or the Medical Department to discharge the applicant from sick-list without taking any guidance who had placed the applicant under sick-list or any other Doctor as the applicant was never called for any examination after 16.02.2019. 2.6. It is further stated that all of a sudden while applicant was under sick (mentally sick/illness) he was issued the impugned order dated 03.12.2019 in respect of which representation dated 27.12.2019 was submitted. The said representation was never considered and replied by the respondents promptly, therefore, another representation was submitted to the Hon'ble Prime Minister of India on 02.09.2020 which was disposed of vide impugned order dated 11.01.2021. However, along with communication dated 07.04.2021, communication dated 18.03.2020 was received in which it is stated that the representation dated 27.12.2019 was considered and rejected. Further, in respect of representation dated 15.01.2021, reply was received to the applicant (Annex-A-4) Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 informing that the applicant had never been medically decategorized 7 OA No.323/2021 by the Medical Board before his compulsory retirement from Railway Service based on his performance vide order dated 03.12.2019 and, therefore, provisions of Rights of Persons With Disabilities Act, 2016 is not applicable in his case.
2.7. It is submitted that the relevant rules governing premature retirement is covered under Chapter 18 of the Indian Railway Establishment Code (IREC), Vol.II. The provisions with regard to compulsory retirement is Para 1802(A), 1803(A), 1804(A) of IREC Vol.II. The applicant has been prematurely retired in exercise of powers under Para 1802(A). It is stated that in a dubious manner the applicant has been retired from service, he was continued under sick-list due to his mental ill-health and he has been removed due to reason (non-performance) which is nothing but to remove a mentally ill person from service. It is further stated that the Railway Board has also issued an order dated 08.08.2019 (RBE No.138/2019 and it is clear that Para 5 of the said order provides for composition of a Review Committee for assessment for the purpose of Rule 1802(A) of the IREC Vol.II. It is submitted that neither the internal nor the Review Committee followed the procedure to consider the case of the applicant. The applicant feels that the said Committee had no idea or information about the mental condition of the applicant who Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 was suffering and was under treatment since December, 2010. In 8 OA No.323/2021 the present case, even the Medical Board was not conducted for some reason or other and it is obvious that the applicant has been removed from service prematurely.
2.8. It is submitted that due to above impugned orders of premature retirement from Railway Service he has also been asked to vacate the Railway Quarter by 31.12.2020 and subsequently letters dated 26.02.2021 and 24.03.2021. Further, the applicant has received S-4 notice under Public Premises (Eviction of Unauthorized Occupants) Act, 1971. It is submitted that according to the applicant impugned action/order passed against the applicant in violation of Section 20(4) of the Rights of Persons with Disabilities Act, 2016. Therefore, on the basis of facts and grounds mentioned in the O.A. reliefs prayed in Para 8 were sought.
3. After notice, the official respondents have filed their reply and contested the O.A. 3.1. It is stated that in terms of Rule 1802(a) of IREC, which provides "Notwithstanding anything contained in this rule, the appointing authority shall if it is of the opinion that it is in the public interest to do so, have the absolute right to retire any Government Servant by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice - a) if he Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 is in Group A or Group B service or post in a substantive or 9 OA No.323/2021 temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years". The DoPT vide OM No.25013/1/2013-Estt (A) dated 21.03.2014 and 11.09.2015, reiterated on Railways vide letter No.E(P&A)i-2015/RT-38 dated 12.11.2015 issued instructions on premature retirement of Railway Servants by periodical review under Rule 1802(a). The objective of the policy is to ensure that Railway servants discharge their duties efficiently and do not take job security for granted to become deadwood. The damage to the Government and the public who are the employers of the public servants, on account of officers who do not discharge their duties with devotion and integrity is not limited to these officers. They set a bad example which has a multiplier adverse impact on the entire system. In such a case, compulsory retirement of an officer who satisfies the strict norms laid down by Government under the Rules and to filter such officers is undoubtedly in public interest and cannot be construed as unjust and punishment. Similarly, there may be cases of officers who are corrupt or of doubtful integrity and who may be considered fit for being retired compulsorily in public interest, and their retirement could not cast any aspersion nor does it entail any civil consequences.
Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 3.2. It is stated that so far as the merit of the case of the 10 OA No.323/2021 respondents for compulsory retirement of the applicant is concerned, the grading of his ACR has been set out from 1998 until 2019. A careful perusal whereof would show that seven times he has been graded as 'Average', twice as 'Below Average', thrice as 'Very Good', thrice as 'Good' and just once as 'Outstanding'. So his performance has not at all been encouraging, on account of which the decision taken is in consonance with the factual position. It is well settled that even if there is a single adverse grading, the same can be taken into consideration for compulsorily retiring the servant under Rule 56(j) of the Fundamental Rules or Rule 1802 (a) of the IREC. So far as the applicant not being medically fit is concerned, multiple attempts had been made to put the applicant through a medical examination before the medical board, which despite repeated attempts, the applicant had refused to participate therein. If the overall record of the applicant since the time of his entry into service is taken into consideration and coupled with his deliberate reluctance to undergo examination by a Medical Board, it is quite clear that the respondents are left with little option but to invoke their powers under Rule 1802(a) of the IREC.
3.3. It has been submitted that the applicant's performance has all along been 'Average', 'Below Average' and 'Good' even before 2010, Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 when he reportedly got exposure to radiation and developed 11 OA No.323/2021 psychiatric illness. His grading for the year 1998 and onwards are under:-
Year Grading Year Grading
1998 Average 2009 Not Due
1999 Average 2010 Not Due
2000 Average 2011 Not Received
2001 Very Good 2012 Average
2002 Average 2013 Below Average
2003 Average 2014 Below Average
2004 Very Good 2015 Average
2005 Good 2016 Good
2006 Very Good 2017 Very Good
2007 Outstanding 2018 Not Written
2008 Good 2019 Not Due
____________________________________________________ 3.4. It has been further submitted that besides above overall performance, applicant has been adjudged to be enjoying good health by his superior during the last three years of his working in the years 2014-15, 2015-16 and 2016-17. On the contention of the applicant that he has developed psychiatric problem his supervising officer directed him to undergo health check up and report to the Medical Board vide letter dated 06.09.2018, but the applicant never appeared before the Medical Board. The Hon'ble Tribunal will appreciate that the applicant cannot resumed to be disabled unless he is examined and declared so by the Medical Board. 3.5. It has been submitted that the applicant was compulsorily retired from Railway Service in public interest under provisions Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
contained in these rules, as his performance was not up to the mark, Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 12 OA No.323/2021 as adjudged by the Review Committee based on his overall service record. Since the applicant was working in the administrative grade where he has to shoulder higher administrative responsibility, having immense monetary powers, it was not possible for the Government to have a person of Average performance at such level, as it is obligation of the Government to its people to ensure that the machinery of Government is kept trim, honest, efficient and alert at all times to deliver the goods to the people with efficiency honesty and economy. The applicant was kept in sick-list with effect from 07.08.2018 for four weeks. The applicant was frequently absent afterwards and was discharged from sick-list on 13.03.2019. He was continuously absent from 08.02.2019 to 12.03.2019. The applicant was advised by Dr.Anita Jaiswal Ektate, ACHD/Byculla (Physician) to report on 08.02.2019 but the applicant failed to do so, neither giving any intimation nor giving any reasons for the same. The applicant was contacted on his mobile umpteen times during the period between 08.02.2019 to 13.03.2019 and he failed to respond to the calls made to his personal number.
3.6. It has been further submitted that the applicant was, therefore, discharged from sick-list for non-attendance as per IRMM Rule No.524 & 545. The respondents further submit that the applicant Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 had written in the letter dated 16.02.2019 that he was not well and 13 OA No.323/2021 could not venture out doors but has not cited the reasons for the same. He has not produced any substantial documentary evidence for the same. Also the applicant did not contact the Doctors or Medical Board or the Staff dealing with the Medical Board at Dr. B.A.M. Hospital, Byculla or produce any certificate informing them about his reasons for his illness and the time period of recovery of his illness and the name of the treating doctor or the name of the hospital. Hence his argument that he was not feeling well and could not venture outdoors seems to be abstruse. Even though the applicant was called frequently to attend the Medical Board, the applicant failed to respond to the calls made on the dates mentioned above. The letters written by Medical Director to PCMD/CSMT was only to convey the status of the Medical Board to PCMD/CSMT as MD/Byculla is directly answerable to her immediate superior i.e. PCMD/CSMT for any delay in Medical Board and the applicant has no rights to question the MD/Byculla on the letters written to PCMD as she was simply maintaining the protocol. Hence, the applicant was discharged from sick-list for non-attendance on the basis of the provisions under Rule 524 and 545 of IRMM. His allegations that he could not have been discharged from sick-list as was done by the Medical Director obviously under coercion/pressure from the Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 respondents is totally false, untrue, imprecise and vague. It is factual 14 OA No.323/2021 and on the records that the applicant presented himself on 17.09.2019 and he was put under sick-list and sick certificate issued on 25.10.2019.
3.7. It has been further submitted that before the impugned order dated 03.12.2019 was passed by the Competent Authority, applicant was duly considered by the internal committee, which after scrutinizing services of 154 officers recommended names of 16 officers (including the applicant), on the basis of their APARS, integrity, vigilance history for review by the Review Committee. The Review Committee thoroughly considered the case of all the 16 officers recommended by the Internal Committee and finally recommended the names of only 3 officers (including applicant) for premature retirement to the President. Therefore, contention of the applicant that he has been retired arbitrarily is baseless and not based on facts. In terms of Railway Board's Order No.E(O)1/2019/SR-10-P/07 dated 03.12. 2019, Shri Sanjay Podder, SG/IRSME, is retired from Railway Service and further as per Board's directions, he has been paid a sum of Rs.4,34,160/-
(equivalent to the amount of pay + allowances for a period three months) and further three weeks time period was also given for submitting appeal against compulsory retirement order. Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 3.8. It has been submitted that the applicant represented against 15 OA No.323/2021 the impugned order dated 03.12.2019 vide his representation dated 27.12.2019. His representation dated 27.12.2019 submitted against the order of compulsory retirement as per Rule 1802(a) of IREC Vol-
II, was forwarded to Board for consideration vide letter dated 13.01.2020. The representation of the applicant was also duly considered by the Representation Committee, which did not find any ground for revisiting the decision taken for premature retirement of the applicant in public interest. The decision of the Representation Committee was duly communicated to Central Railway vide letter dated 18.03.2020 (received by Central Railway on 23.03.2021) and the same was communicated to Shri Sanjay Podder vide Central Railway's letter dated 07.04.2021.
3.9. It has been submitted that since the applicant was taking some treatment and represented regarding his ill health only on being transferred to Bhusawal on 24.07.2018, he was directed to report to Medical Board for medical examination vide letter dated 06.09.2018, but he never presented himself before the Medical Board. In absence of report of Medical Board regarding mental incapacitation or other medical disability report, the administration cannot presume him to be a disabled person based on his contention. As regards the applicability of the provisions of the Disabilities Act, 2016 are Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 concerned, they are applicable only on serving personnel declared 16 OA No.323/2021 medically disabled by the Medical Board and not otherwise (on the contention of the Government servant). Since the applicant has been permanently retired based on his overall performance by the duly constituted Review Committee and has ceased to be in Government service from 03.12.2019, provisions of the Disabilities Act, 2016 are not applicable in this case.
3.10. It has been submitted that the Medical Board was formed consisting of 4 members (Dr.Sushma Matey, MD, Medicine, Dr.Memuna Bahadur, Opthalamogist, Dr.Rajkumar, Surgeon and Dr.Samanthray, Psychitrist) on 10.12.2018. The applicant was supposed to attend Hospital on prescribed dates for physical and mental examination, but he did not appear before the Medical Board members at the prescribed time, so Medical Board could not be completed. Moreover, the applicant was continuously absent for the Medical Board. The applicant was not responding to the frequent calls made on his mobile number. Even after acknowledging and sending a reply dated 16.02.2019, the applicant did not convey any message of his treatment, diagnosis of illness due to which he was bed-ridden. The applicant has not given any evidence that he tried to contact the hospital or office or the Medical Board doctors for his medical examination and was continuously not attending the Medical Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 Board. Hence, the applicant was discharged from sick-list for non- 17 OA No.323/2021 attendance on the basis of the provisions under Rule 524 and 545 of IRMM. Thus, the allegations that "No Medical Board was conducted as was directed by the Respondents themselves but a false and fabricated case was set up that the applicant did not Medical Board to remove him from sick-list is totally false, untrue, imprecise, de-novo and vague. The applicant presented himself before the Medical Department of the Byculla Railway Hospital for duty certificate on 17.09.2019, he was supposed to undergo certain medical investigation for that he was kept under sick-list. He was kept on sick list on dated 17.09.2019 and sick certificate issued on 25.10.2019 and he was asked to attend with the investigation reports and he was put under sick-list by stating that the applicant was not well and would require recovery for that he was to be granted leave from 17.09.2019.
Therefore, on the basis of reply, the official respondents have prayed for dismissal of the O.A.
4. Thereafter, rejoinder was filed by the applicant reiterating and elaborating his stand. Along with rejoinder, the applicant has placed on record Annexure-RJ-A1 (Indian Railway Medical Manual- Volume-I) placing the Para 580 on record and submitted that the aforesaid Para provides that as per the Indian Railway Medical Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 Manual, Vol.I the examination of any person suffering from physical 18 OA No.323/2021 or mental disability has to be conducted as per para 580 and it is only the Railway Board who could have ordered conducting of Medical Examination in respect of the applicant as he was a Group 'A' post employee.
5. We have heard Shri R.G. Walia, learned counsel for the applicant and Dr.V.S. Masurkar, learned counsel for the official respondents and perused the record.
6. The learned counsel for the applicant vehemently argued that the impugned order of compulsory retirement dated 03.12.2019 (Annex-A-1) is illegal, arbitrary and passed without following the procedure prescribed under the rules. It is submitted that it was within the knowledge of the Department that the applicant was suffering from mental ill-health right from December, 2010 onwards and under treatment, in spite of which the impugned order has been passed.
7. It is submitted that in fact taking note of the mental ill health condition of the applicant, the respondents have decided to get examined the applicant through Medical Board which is clear from the communication dated 06.09.2018 (Annex-A-13). However, giving go by to the examination by the Medical Board, the respondents have adopted another easy way to remove the Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 applicant from the service while exercising the power of compulsory 19 OA No.323/2021 retirement. It is contended that under the garb of compulsory retirement in fact the applicant has been removed from service without following due procedure prescribed under the law.
8. It is further submitted that against the order of compulsory retirement dated 03.12.2019, representation dated 27.12.2019 was filed by the applicant. However, after waiting for reasonable period when no reply was received and, therefore, another representations dated 15.01.2021 and 02.09.2000 were submitted. In reply to aforesaid the grievance of the applicant was rejected through online portal (Annex-A-2) informing that against the premature retirement the representation dated 27.12.2019 was considered by the Review Committee and was rejected by the Committee. Further, through Annex-A-4 which is reply to the representation of the applicant dated 15.01.2021, it was informed that since he never medically decategorized by the Medical Board before his compulsory retirement from Railway Service based on his performance vide order dated 03.12.2019 and, therefore, provisions of the PWD Act, 2016 is not applicable in the case of the applicant.
9. The learned counsel for the applicant while drawing our attention to letter dated 23.08.2018 (Annex-A-11) submits that it was within the knowledge of the authority that he has under the treatment Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 of Psychiatry Department since 01.12.2010, in spite of which during 20 OA No.323/2021 the stage of mental ill-health problems, the impugned order of compulsory retirement is arbitrary, illegal and violative of the provisions of PWD Act, 2016. It is further contended that after compulsory retirement of the applicant the impugned actions and communications in respect of vacation of Government accommodation is also arbitrary.
10. During course of arguments, learned counsel for the applicant, relied upon the judgment of Hon'ble Supreme Court in the case of Ravinder Kumar Dhariwal and Another vs. Union of India and Others, reported in (2023) 2 SCC 209, to contend that as per the provisions of Section 20(4) of PWD Act, 2016 and the proposition of law in the case of Ravinder Kumar Dhariwal, the applicant is entitled for the protection as per the Act and the judgment of the Hon'ble Supreme Court.
11. On the other hand, the learned counsel for the respondents vehemently argued that the order of compulsory retirement was passed in the public interest as per Rule 1802(A) of IREC, Vol.II. He has drawn our attention to Para 5 of the reply and submitted that in view of the grading right from the inception of the applicant in service till the year 2017 clearly shows that the performance of the applicant during his whole service career was not upto the mark. It is Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 submitted that the order of compulsory retirement is an 21 OA No.323/2021 administrative decision of the Committee / Authority based upon overall performance of a concerned employee and the said decision cannot be judicially reviewed by this Tribunal. It is subjective satisfaction of the Committee / Authority to come to the conclusion whether particular employee is required to be retained or compulsorily retired in the efficiency and administration of service.
12. It is vehemently contended that there is no connection of alleged illness of the applicant with the order of compulsory retirement. In fact the authorities of the respondents were time and again ready to get medically examined the applicant from the Medical Board, however, for one reason or another, the applicant avoided the medical examination from the Medical Board and, therefore, the applicant cannot take benefit of his own wrong/mistakes. It is further contended that the representation against the order of compulsory retirement dated 03.12.2019 was rejected by the Competent Authority vide communication dated 18.03.2020.
13. During course of arguments, the learned counsel for the respondents, drawn our attention to AR-4 to substantiate that the case / representation of the applicant was considered by the duly constituted Committee on 10.02.2020 and unanimously viewed that Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 no ground for revisiting the decision taken for premature retirement 22 OA No.323/2021 of the officer in public interest.
14. It is further contended that after the order of compulsory retirement dated 03.12.2019, the applicant has no right to retain the Government accommodation, however, taking note of the Covid period and the circulars issued on the subject, the applicant was permitted to retain the Government accommodation for a particular period. However, even after the said period, when the quarter was not vacated then notice dated 08.04.2021 (Annex-A-8) was issued invoking the provisions of Public Premises Act, 1971. It is contended that the aforesaid Act is independent Act and, therefore, no relief can be granted to the applicant in the present O.A.
15. In reply to the argument of the learned counsel for the applicant, the learned counsel for the respondents submits that judgment of the Hon'ble Supreme Court in the case of Ravinder Kumar Dhariwal (supra) is not applicable in the present set of facts as according to learned counsel in the aforesaid case initiation of disciplinary proceedings and misconduct was the subject matter of an employee concerned. However, in the present case, the order of compulsory retirement is an administrative order based upon overall performance of the applicant in service tenure in public interest and after the order of compulsory retirement the applicant is entitle to Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 receive all monetary benefits.23 OA No.323/2021
16. After hearing learned counsel for the parties and after perusal of the record, it is clear that the impugned order dated 03.12.2019 was issued under Rule 1802(A) of IREC, Vol.II on attaining 50 years of age of the applicant on 04.01.2018. It is also clear from the record that against the aforesaid order the applicant has submitted detailed representation dated 27.12.2019 in which a specific averments have been made in respect of illness of the applicant. Although the aforesaid representation was rejected vide communication dated 18.03.2020 (Annex-A-3). Looking to the aforesaid order, it is clear that no reasons have been assigned while rejecting the representation, in fact grounds raised in the representation was not recorded in the said order. Although on the basis of Annex-R-4 (10.02.2020), the learned counsel for the respondents tried to justify that the Review Committee has taken into consideration the grounds of the representation and unanimously uphold the decision of premature retirement. But fact remains that there are no reasons available in the impugned order dated 18.03.2020.
17. At this stage it is relevant to mention here that at the one hand it is the stand of the Department that order of compulsory retirement was passed by the Competent Authority only by taking into consideration the performance of the applicant during his service Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 career and in the public interest, whereas the Annex-R-4 clearly 24 OA No.323/2021 suggests that the point of ill-health of the applicant was recorded, however, only on the basis of admission of the applicant about ill- health, the order of compulsory retirement was upheld.
18. Further, from the records, it is also clear that once the authority has decided to get the applicant examined from the Medical Board as per communication dated 06.09.2019 (Annex-A-13) it prima-facie indicates that they were aware of his health condition. Although it is the contention of the respondents that the applicant has not cooperated in the process of medical examination but the fact remains that there is no certification by the Competent Authority in respect of medical health of the applicant. In this context, the contention of learned counsel for the applicant is required to be taken note by relying Para 580 (4) of Indian Railway Medical Manual, Vol.I which provides that since the applicant is a Gazetted Group 'A' Officer and, therefore, Railway Board is the only authority who could have ordered of conducting medical examination of the applicant.
19. Looking to Rule 1805 of Indian Railway Establishment Code (IREC) Volume - II, it is clear that in case of order of premature retirement passed under Rule 1802(a), the railway servant has a right to submit representation before the Review Committee which admittedly filed by the applicant on 27.12.2019 raising various facts Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 and grounds including the ill health condition of the applicant. 25 OA No.323/2021
20. Further, looking to Annexure R-4, the Minutes of Review Committee dated 10.02.2020, the point in respect of health condition of the applicant was recorded, however, based upon some admission of the applicant that he is a lunatic. It is observed by the Committee that "it is undesirable to continue in service coupled with upholding the retirement on the basis of poor performance".
21. It is worthwhile to mention here that neither the Review Committee nor this Tribunal having any expertise to comment or certify upon the health condition of the applicant. It is only Competent Medical Board or the Authority which can certify the health status and condition of the applicant. Self sufficient admission of the applicant cannot be made basis to hold or observe that it is undesirable to continue him in service.
22. Although, it is the stand of the official respondents that in pursuance of the aforesaid communication dated 06.09.2019 (Annexure A-3), Committee was constituted and date was fixed. However, the applicant himself has avoided the medical examination but the fact remains that there is no certification from the Competent Authority in respect of health status and condition of the applicant. At this stage, it is relevant here to take note of the stand of the respondents in paragraph No.2 of the reply which specifically states Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 that "If the overall record of the applicant since the time of his entry 26 OA No.323/2021 into service is taken into consideration and coupled with his deliberate reluctance to undergo examination by a medical board, it is quite clear that the respondents are left with little option but to invoke their powers under Rule 1802 (a) of the IREC".
23. The aforesaid averment clearly shows that one of the reason for compulsorily retirement was deliberate reluctance to undergo examination by a Medical Board. Since, in the representation dated 27.12.2019, there is a specific ground in respect of ill health of the applicant. Under these circumstances, it was obligatory on the part to make an endeavor to get the medical examination from the Competent Board prior to passing order dated 18.03.2020 and affirming the order of premature retirement.
24. At this stage it is necessary to take note of the arguments of learned counsel for the applicant, as according to him, the applicant is suffering from mental illness since 2010. To support the aforesaid contention he has invited our attention to letter dated 23.08.2019 (Annex-A-11), on the basis of which the applicant is claiming protection under Section 20(4) of the Rights of Persons with Disabilities Act, 2016 (herein after referred to as RPwD Act, 2016). To appreciate the aforesaid contention, it is relevant here to reproduce certain definitions / provisions of the aforesaid RPwD Act, Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 2016:-27 OA No.323/2021
"Sec. 2(e) "certifying authority" means an authority designated under sub-section (1) of section 57. ....
Sec. 2(s) "person with disability" means a person with long term physical, mental, intellectual or sensory impairment which, in inter-action with barriers, hinders his full and effective participation in society equally with others; ....
Sec. 20. Non-discrimination in employment.-(1) No Government establishment shall discriminate against any person with disability in any matter relating to employment:
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section. (2) Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability.
(3) No promotion shall be denied to a person merely on the ground of disability.
(4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service:
Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits:
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
....
Sec. 57. Designation of certifying authorities.-(1) The appropriate Government shall designate persons, having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability. Khushboo Mittal Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= (2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 28 OA No.323/2021 which, the certifying authority shall perform its certification functions.
This clause seeks to provide for the appropriate Government to designate certifying authority for the purpose of issuance of certificate of disability.
Sec. 58. Procedure for certification.-(1) Any person with specified disability, may apply, in such manner as may be prescribed by the Central Government, to a certifying authority having jurisdiction, for issuing of a certificate pf disability. (2) On receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be,-
(a) Issue a certificate of disability to such person, in such form as may be prescribed by the Central Government;
(b) Inform him in writing that he has no specified disability. (3) The certificate of disability issued under this section shall be valid across the country.
This clause seeks to provide for the procedure for issuance of certificate of disability to any person with specified disability."
25. Further, in exercise of the power conferred by sub-section (1) & (2) of 73 of the aforesaid RPwD Act, 2016, the Central Government has framed rules namely the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996. Rule 2(b) defines "certificate" or "disability certificate" means a certificate issue in pursuance to clause (t) of section 2 of the Act and 2(c) defines "multiple disabilities" means a combination of 2 or more disabilities as defined in clause (i) of section (2) of the Act and Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 Rule 2(d) provides "Forms" means form appended Rules. 29 OA No.323/2021
Rule 3 of the said rules provides application for issuance of disability certificate and Rule 4 is in respect of disability certificate.
Form I is the prescribed proforma under Rule 3 of application and Form II, III and IV are the prescribed proforma in respect of disability certificate.
26. Looking to the aforesaid provisions, it is clear that Rule 3 provides that a person with disability desirous of getting a certificate in his favour shall submit application in form I and the application shall be accompanied by the requisite and relevant documents as stated in the rules. Although in the present case the applicant is claiming the benefit of Section 20(4) of the RPwD Act, 2016, however, the fact remains that no such disability certificate has been placed on record by the applicant in the present O.A. Therefore, unless and until applicant submits disability certificate as per the provisions of the Act and Rules in prescribed proforma, applicant is not entitled to protection under Section 20(4) of the Act and the principles of law laid down by the Hon'ble Supreme Court in case of Ravinder Kumar Dhariwal and another.
27. This Tribunal vide order dated 09.01.2024 directed the respondents to produce the records. However, since this Tribunal after holding that the impugned order dated 18.03.2020 (Annexure Khushboo Mittal Gupta Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0 A-3) is liable to be set aside and proposing the matter remanded 30 OA No.323/2021 back to the Review Committee for reconsideration of representation dated 27.12.2019, therefore, at the stage of reconsideration, the Review Committee is expected to go through records and pass appropriate order. Thus, the present Original Application is disposed of with the following directions :-
(a) Competent Authority is directed to get examined the applicant by the competent Medical Board.
(b) The applicant is directed to cooperate in the process of medical examination before such Medical Board so constituted on given date.
(c) The reports of the Medical Board shall be placed before the Review Committee and thereafter the Review Committee shall consider and decide the representation of the applicant dated 27.12.2019 by passing reasoned and speaking order.
(d) The whole exercise shall be completed within a period of 90 days from the date of receipt of a certified copy of this order.
(e) There shall be no order as to costs.
28. All pending MAs, if any, stand disposed of accordingly.
UMESH GAJANKUSH) (SHRI KRISHNA)
MEMBER (J) MEMBER (A)
H.
Digitally signed by Khushboo Mittal Gupta
Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.30 14:09:25+05'30' Foxit PDF Reader Version: 2025.1.0