Central Administrative Tribunal - Delhi
Anil Kumar vs M/O Railways on 11 December, 2019
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.4294/2016
MA No.2393/2017
New Delhi, this the 11th day of December, 2019
Hon'ble Mr. S.N.Terdal, Member (Judicial)
Hon'ble Mr.A.K. Bishnoi, Member (Administrative)
1. Mr.Anil Kumar, aged 33 years
S/o Sh. Chander Bhan Singh, Group-C
Removed from the post of Railway,
While working in Northern Railway,
Murabadbad Divsion.
Permanent r/o H.No.692/488, Nekpur, Bareilly (UP
-Applicant
(By Advocate: Mr. Yogesh Sharma)
Versus
1. Union of India, through the General Manager,
Northern Railway, Baroda House, New Delhi.
2. Chief Medical Director
Northern Railway, Head Quarter Office
Baroda House, New Delhi.
3. The Medical Director
Northern Railway Central Hospital
Near New Delhi Railway Station
New Delhi.
4. Chief Medical Superintendent
Northern Railway, Divisional Hospital
Muradabad(UP)
5. The Division Medical Engineer(P)
Northern Railway, Muradabad Division,
Muradabad(UP). - Respondents
(By Advocate: Mr. VSR Krishna & Mr.Shailendra Tiwary)
O R D E R (ORAL)
By Hon'ble Mr. S.N. Terdal, Member(J):-
Heard Mr. Yogesh Sharma, learned counsel for the applicant and Mr. VSR Krishna & Mr.Shailendra Tiwary, learned counsel for the respondents and perused the pleadings and all the documents.
2. The relief(s) prayed for in this OA are as under:-
"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order 18.12.2015(AnnexureA/1) passed by respondent No.2, Medical unfit certificate dated 31.12.2015 (Annexure A/2) issued by the respondent No.4 and removal /termination order dated 12.7.2016 and show cause notice dated 14.6.2016 (Annexe.A/3 & A/4), declaring to the effect that same are illegal arbitrary, against the rules and against the principle of natural justice and consequently, pass an order of reinstatement of the applicant in service with all the consequential benefits including the arrears of pay and allowances from intervening period.
(ii) That the Hon'ble Tribunal may graciously be pleased to pass an order of directing the respondent to get the applicant medically examined by an independent medical board at AIIMS or Dr.R.M.L. Hospital , New Delhi, or Safdargung Hospital New Delhi or any other Govt. Hospital on the issued whether the applicant is unfit in colour vision or is a case of malingering and consequently, if the applicant is found medically unfit, he should be considered for appointment on alternative post as per rules with all the consequential benefits including the pay and allowances of intervening period deeming no impugned orders were passed.
(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also e granted to the applicant with the cost of litigation."
3. Learned counsel for the applicant submits that this OA may be disposed of as per second prayer, namely, that the applicant may be medically examined by an independent medical board at AIIMS or Dr.R.M.L. Hospital, New Delhi, or Safdargung Hospital, New Delhi or in any other Govt. Hospital and on the basis of that the respondents may take action as per rules. Accordingly, without going into the merits of the case, this OA is disposed of requesting the Director, AIIMS to constitute medical board for examining the applicant on the alleged medical report dated 18.12.2015 of the medical board of the Railways, which is extracted below:-
" The recommendations of the Medical Board held at NRCH/NDLS on 05.10.2015. In favour of the above named employee duly accepted by the CMD/N.Rly on 14.12.2015, are reproduced below:-
Service Details:
1. Date of Birth 15.09.1983
2. DOA 09.05.2011
3. DOR 30.09.2043
4. Medical Category Aye-one.
Approval:
" In view of above, on findings of the Medical Board, the members are of the opinion that Sh.Anil Kumar S/o sh.Chander Bhan Singh, ALP under CCE/Loco/BE is a case malingering and unfit for MedicalCategory Aye-one. As a case of malingering for colour vision, he may be dealt as per Indian Railway Medical Manual guidelines. Wherein it is stated that he his psychologically not fit to remain in service and declared unfit for all classes, with endorsement on his certificate that " he has been declared unfit under para 512(2) sub note (ii) of IRMS 2000 (Railway Board letter No. 87/H/5/8 dated 11.05.1987"
The Director, AIIMS is requested to constitute appropriate Medical Board for examining the applicant and send the report to the respondents. The respondents are directed to comply with this order of this Tribunal by writing with a suitable communication to the Director, AIIMS and secure the report and shall take a decision thereon as per rules within a period of two months thereafter. All pending MAs are also disposed of.
(A.K.Bishnoi) (S.N. Terdal)
Member(A) Member (J)
/mk/