The Union Of India & Ors vs Gautam Kumar on 18 December, 2009

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Patna High Court - Orders

The Union Of India & Ors vs Gautam Kumar on 18 December, 2009

Bench: Shyam Kishore Sharma

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                               LPA No.1371 of 2009
       1. THE UNION OF INDIA THROUGH THE CENTRAL AIR MEN
          SELECTION BOARD, AIR FORCE, BARAR SQUARE, NEW
          DELHI- 10
       2. SRI HANSH RAWAT THE WING COMMANDER, MEDICAL
         ADVISE CENTRAL AIR MAN SELECTION BOARD, AIR
         FORCE BARAR SQUARE NEW DELHI- 10
       3. SRI A.PATIL, THE WING COMMANDER (ADVISER) 7 AIR
         FORCE STATION, KANPUR (U.P.)
       4. SRI R.GUPTA , THE FLIGHT LIEUTENANT (MEDICAL
          OFFICER), 402, AIR FORCE STATION, KANPUR (U.P.)
       5. SRI A.V.A. BASIR, THE WING COMMANDER (MEDICAL
         OFFICER), 402, AIR FORCE STATION, KANPUR (U.P.)
       6. THE SQUARDRAN LEADER 402, AIR FORCE STATION,
          KANPUR (U.P.)
       7. THE WING COMMANDER AIR MEN SELECTION STATION,
          BIHTA, DISTT.- PATNA (BIHAR)
       8. SRI VIJAY MAITRI THE SENIOR MEDICAL OFFICER, AIR
         FORCE STATION, BIHTA, DISTT.- PATNA (BIHAR)
                                         Versus
    Gautam Kumar son f Ashok Kumar, resident of village. P.O. & P.S.
         NARHAT, DISTT.- NAWADA
                                       -----------

             For the Appellants :- Mr. Sarvadeo Singh, C.G.C.
     For the Respondent :- M/S. Vidya Sagar & Samir Kumar Ranjan.
                                   ------


4   18/12/2009

After hearing the parties in respect of limitation petition bearing I.A. No. 6852 of 2009, we are of the view that 31 days delay in preferring this appeal deserves to be condoned. Accordingly, the delay is condoned. I.A. stands allowed.

Heard the parties on merits.

-2-

Learned counsel for the appellants i.e. Union of India has submitted that even if the writ Court felt persuaded to rely upon the opinion of Doctors of All India Institute of Medical Science, New Delhi that the writ petitioner did not suffer from the disease on basis whereof he was declared medically unfit, the writ Court should have remanded the matter back to the authorities of the Air Force for re- consideration in the light of the report of the doctors of AIIMS. The Writ Court has itself considered this aspect of the matter at the end of its judgment and held that ordinarily this Court should have remanded the matter to the Air Force authorities but that would only prolong the agony of the petitioner for no fault of his and it would be a sheer waste of time.

We fully agree with the views of the writ Court and find no merit in this appeal. This Letters Patent Appeal is, accordingly, dismissed.

AMIN                    (Shiva Kirti Singh, ACJ)


                      (Shyam Kishore Sharma, J.)

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Patna High Court - Orders