Section 24 in The Orissa Civil Services (Commutation of Pension) Rules, 1992
24. Appeal against the findings of medical authority.
(1)Notwithstanding anything contained in Rule 23, an applicant referred to in Clause (c) of Sub-rule (1) of Rule 20 shall be eligible for second medical examination before the expiry of the period specified in Sub-rule (1) of Rule 23 if he feels that the medical authority is not recommending commutation on medical grounds has committed an error of judgement. Such an applicant may, within one month of the receipt of the certified copy of Part III of Form 4 from the medical authority, prefer an appeal by addressing a letter to the appointing authority that the opinion of the medical authority may be got reviewed by another medical authority mentioned in Sub-rule (2) at his own expenses. He shall also indicate in the letter -(i)the medical authority which had examined him earlier and the date on which the examination took place;(ii)the place where he was examined;(iii)the opinion of the medical authority;(iv)the date of birth and the date of retirement;(v)designation of the post held at the time of retirement;(vi)the amount of pension authorised;(vii)the fraction of pension which was originally applied for commutation.(2)In case an applicant referred to in Sub-rule (1)-(i)was examined previously by a Medical Officer, not lower in status than Chief District Medical Officer, he shall be re-examined by a Medical Board; or(ii)was previously examined by a Medical Board, he shall be reexamined by a second Medical Board, the members of which shall be different from those of the first Medical Board.(3)The appointing authority shall within one month of the receipt of letter under Sub-rule (1), take steps for arranging the re-examination of the applicant. For this purpose, he shall address the Chief District Medical Officer where the applicant was examined previously, he shall, while addressing the Chief District Medical Officer, invite his attention to the provisions of Sub-rule (2) and forward to it the following documents:(i)letter received from the applicant in originals;(ii)certified copy of Form 4 received earlier by their appointing authority from the medical authority under Clause (d) of Sub-rule (2) of Rule 22.(4)The Chief District Medical Officer on receipt of communication from the appointing authority under Sub-rule (3) shall arrange for the second medical examination of the applicant by a Medical Board which shall be constituted in accordance with the provisions of Sub-rule (2). The Chief District Medical Officer shall, thereafter inform the applicant as to where and when he should appear for medical examination before the Medical Board.(5)The applicant on receipt of the communication under Sub-rule (4) shall appear for the medical examination before the Medical Board on the date and time, communicated to him.(6)The Medical Board shall examine the applicant and if after the examination, it is of the view that the earlier opinion of the medical authority needs no revision or modification or needs revision or modification shall record its opinion accordingly and communicate the same to the appointing authority under intimation to the applicant and the findings of the Medical Board shall be binding on the applicant.(7)If the Medical Board as a result of the second medical examination of the applicant, sets aside or modifies the opinion of the first medical authority, the finding of the second Medical Board shall be deemed to have come into force on the date on which the first medical authority recorded its opinion and the claim of the applicant for commutation shall be settled accordingly.
