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Delhi High Court - Orders

Ex. Rectt. Ct. Mahabir Singh vs Union Of India And Others on 10 September, 2021

Author: Manmohan

Bench: Manmohan, Navin Chawla

                          14
                          $~
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     W.P.(C) 9269/2021 & CM APPL. 28826/2021

                                EX. RECTT. CT. MAHABIR SINGH                ..... Petitioner
                                               Through: Mr. Saurabh Sharma, Advocate.

                                                    versus

                                UNION OF INDIA AND OTHERS                    ..... Respondents
                                              Through: Mr.Jagjit Singh, Sr. Panel Counsel for
                                                       Railways with Mr. Preet Singh,
                                                       Advocate.

                                CORAM:
                                HON'BLE MR. JUSTICE MANMOHAN
                                HON'BLE MR. JUSTICE NAVIN CHAWLA

                                             ORDER

% 10.09.2021 Present writ petition has been filed challenging the order dated 10th August, 2021 passed by the respondents whereby as per the decision conveyed vide order dated 30th June, 2021, petitioner was medically re- examined as a fresh candidate despite already being declared medically fit vide memo dated 16th September, 2019 and subsequently declared 'unfit' in BEE one B category for the post of constable. Petitioner also seeks direction to the respondents to allow the Petitioner to resume his service along with all consequential benefits.

A perusal of the paper book reveals that the petitioner has preferred a representation dated 17th August, 2021 to the Director General, RPF and has forwarded his medical fitness certificates with a request to allow him to Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:14.09.2021 23:03:20 resume service on any post for which he is found fit. However, the said representation has not been decided till date.

Accordingly, the present writ petition and application are disposed of with a direction to the respondents to decide the petitioner's representation dated 17th August, 2021 by way of a reasoned order within twelve weeks. If the petitioner wants to give a supplementary representation, he may do so by sending the same to the Director General, RPF, within a week.

This Court clarifies that it has not expressed any opinion on the merits of the controversy. Rights and contentions of all the parties are left open.

MANMOHAN, J NAVIN CHAWLA, J SEPTEMBER 10, 2021 js Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:14.09.2021 23:03:20