Central Administrative Tribunal - Cuttack
Tushar Ranjan Swain vs East Coast Railway on 11 February, 2025
1 O.A.No. 260/00663 of 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH, CUTTACK
O.A.No. 260/00663 of 2024
Reserved on 06.02.2025 Pronounced on 11.02.2025
CORAM:
THE HON'BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)
THE HON'BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)
Tushar Ranjan Swain, aged about 44 years, Son of
Ramesh Chandra Swain, at present working as
SSE/Electrical TRT/TMKA/ECOR under Khurda
Road Division, resident of Near RI Office, Andilo,
Balianta, Bhubaneswar, Dist.- Khurda-752101,
Odisha..
......Applicant
VERSUS
1. Union of India, represented through the General
Manager, E.Co.Rly., Rail Sadan,
Chandrasekharpur, Bhubaneswar, Dist.-Khurda-
751017.
2. Principal Chief Medical Director, Central Hospital,
East Coast Railway, Mancheswar, Bhubaneswar-
751017, Dist.-Khurda.
3. Divisional Railway Manager, East Coast Railway,
Khurda Road Division, At/P.O.- Jatni, Dist.-
Khurda-752050.
4. Senior Divisional Personnel Officer, East Coast
Railway, Khurda Road Division, At/P.O.- Jatni,
Dist. Khurda- 752050.
5. Chief Medical Superintendent, East Divisional
Railway Hospital, Khurda Road Division, At/P.O.-
Jatni, Dist.- Khurda-752050.
......Respondents
2 O.A.No. 260/00663 of 2024
For the applicant : Mr. N.R.Routray, Counsel
For the respondents : Ms. K.Pattnaik, Counsel
O R D E R
PRAMOD KUMAR DAS, MEMBER (A):
Facts germane to this case are that applicant after due process of selection joined the post of SSE (Elect)/TRD on 23.10.2010. While on medication, vide letter dated 19.12.2023 (A/4), he was referred by the Divisional Railway Hospital, Khurda Road to Sum Hospital, Bhubaneswar for further advice with regard to his provisional diagnosis of positive psychiatric disorder. In SUM Hospital, as per OPD treatment slip dated 21.12.2023, he was treated for restlessness, recurrent thoughts of harming others etc. and with prescription of some medicines, he was referred to CP for assessment. Vide prescription dated 04.01.2024, on the findings of obsessional thoughts, suicidal ideations ideas to harm people, he was advised to be admitted in ward for opinion on mental status. While the matter stood thus, the Divisional Railway Medical Hospital, on evaluating/examining the applicant, advised that he should be referred to any Govt. Psychiatric Hospital preferably AIIMS, Bhubaneswar.
3 O.A.No. 260/00663 of 2024
2. By placing medical reports of Divisional Railway Hospital, Khurda Road, SUM Hospital, Bhubaneswar, in support of his suffering from Schizo Affective Mood Disorder, the applicant submitted that he requested the authorities concerned to refer him for examination to any government psychiatric hospital preferably AIIMS but the authority concerned referred him to Chief Medical Superintendent Khurda Road, Jatni for evaluation and opinion regarding his fitness for duty, who reported in letter dated 08.08.2024 that the applicant may be made fit for duty with observation that "patient is mental normal at present, but complaining of excess sleep. His insite and judgment adequate. He complaints of desire to learn others." It is stated that by making representations dated 08.08.2024, 22.08.2024 and 03.10.2024, he has requested that with his illness, it is difficult for him to discharge his present duties and, therefore, he may be provided any alternative appointment. But, the respondents did not take any action till date and, in such circumstances, the applicant has been made to approach this Tribunal with the prayer as under:
"(i) To quash the decision to dtd. 08.08.2024 under Ann.-A/7 (sic);4 O.A.No. 260/00663 of 2024
(ii) And to direct the respondents to refer him to AIIMS, Bhubaneswar for reassessment of fitness;
(iii) And to direct the respondents to provide alternate appointment taking into account physical condition in the post having no life risk;
(iv) And to direct the respondents to pay salary for the entire period by way of grant of leave;
And pass any other order...................."
3. Respondents, on the other hand, contesting the case of the applicant filed counter inter alia stating that the honorary visiting Specialist/Psychiatric/MCS advised to refer the patient to any Government Psychiatric Hospital preferably AIIMS for opinion, which was not considered by the Add. Chief Medical Superintendent, E.Co.Rly., Khurda Road. He was referred to Chief Medical Superintendent, Khurda Road, Jatni for evaluation and opinion regarding his fitness for duty, who reported in letter dated 08.08.2024. According to respondents, the applicant only complained of excess sleep and desire to harm others but this is not enough ground to make the applicant either under sick list or to declare him medically unfit for his post. Accordingly, respondents have prayed for dismissal of this OA.
5 O.A.No. 260/00663 of 2024
4. Having heard the parties, we have perused the records (OA, counter, rejoinder and date chart with written notes of argument filed by the applicant on 07.02.2025).
5. The applicant prays to quash the medical report dated 08.08.2024 finding the applicant fit to join duty with observation that "patient is mental normal at present, but complaining of excess sleep. His insite and judgment adequate. He complaints of desire to learn others". In the counter the word "learn" written in the report has been referred as "harm" and stated that the observation made in the report is not enough ground to make the applicant either under sick list or to declare him medically unfit for his post. Be that as it may, this Tribunal lack any competency to quash the report given by the medical authorities. Hence, this prayer of the applicant is rejected.
6. The applicant has also sought direction to the respondents to provide him alternate appointment taking into account his physical condition in the post having no life risk, we find that this relief can only be considered by the respondents based on the medical report finding the applicant medically unfit. Since, the applicant is medically 6 O.A.No. 260/00663 of 2024 unfit is yet to reach the finality, the above prayer is also cannot be granted at this stage.
7. Insofar as direction to respondents to refer him to AIIMS, Bhubaneswar for reassessment of his fitness is concerned, it may be noted that on perusal of record it is seen that the applicant has undergone psychiatric treatment at Railway and SUM Hospital. It is beyond the power of this Tribunal to declare him as medical fit or otherwise. The applicant is stated to have been suffering from "Schizo Affective Mood Disorder", which he has substantiated by the reports of the Railway as well as SUM Hospitals. It appears that the Railway authority referred the applicant to Chief Medical Superintendent for evaluation and opinion regarding his fitness for duty. The Chief Medical Superintendent in letter dated 08.08.2024 reported that "the patient is mental normal at present, but complaining of excess sleep. His insite and judgment adequate. He complains of desire to harm others". According to Ld. Counsel for the applicant, based on the letter dated 08.08.2024, if applicant is posted anywhere including railway tracks, high voltage cables and other sites, it will be adverse effect to his life and life of the other staffs due 7 O.A.No. 260/00663 of 2024 to mismanagement of power block. The Railway deals with public life and any type of mismanagement certainly will have cascading effect on the life of the passengers travelling in the trains. We have come across with a set of rules governing the field relating to medical examination for assessment of suitability etc. of an employee. Therefore, for the ends of justice, it will be appropriate to direct the respondents to get the applicant examined either through AIIMS, Bhubaneswar or through duly constituted Medical Board in the Railway Hospital before his induction to his normal duty attached to his post preferably within a period of 30 days from the date of receipt of a copy of this order. Till such time, respondents may consider giving alternate light duty to the applicant. Ordered accordingly.
8. With the aforesaid observation and direction, the OA stands disposed of leaving parties to bear their own costs.
(Pramod Kumar Das) (Sudhi Ranjan Mishra) Member (Admn.) Member (Judl.) RK/PS