Ravi Shankar Kumar v. Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3548 of 2004 =========================================================== Ravi Shankar Kumar, Son of Ramjanma, Resident of village & P.O. Hasanpur, District Arwal, (Jehanabad), Bihar .... .... Petitioner
Versus
1. Union of India through DGP, CISF Directorate General, New Delhi.
2. Director General of Police, C.I.S.F, Directorate General, Under Ministry of Home Affairs, Govt. of India.
3. The D.I.G., C.I.S.F./EZ HQ. Pataliputra Boarding Road, Patna - 800013
4. The C.M.O., C.I.S.F. 4th Reserve Bnt. Ranchi.
5. The State of Bihar (Proforma Respondent) through Advocate General, Bihar, Patna .... .... Respondents =========================================================== Appearance:
For the Petitioner : None For the Respondents : Mr. Anjani Kumar Sharan, Asst. S.G. Mr. Rajesh Kumar Verma, CGC =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 31-08-2017 The present writ petition has been filed for quashing the order dated 5th February, 2004 passed by Assistant Inspector General/Recruitment/C.I.S.F. Lodhi Road, New Delhi - 110 003 in his letter no. E. 32023/8/03/Recruitment/154 by which he has refused to appoint the petitioner to the post of Constable CISF.
2. None appears on behalf of the petitioner despite repeated calls. On the last occasion on 29.08.2017 as well, the petitioner was not represented. This Court takes note that on earlier occasion as well, the writ petition had been dismissed for default by order dated 24.07.2014 but was restored subsequently by order dated
Patna High Court CWJC No.3548 of 2004 dt.31-08-2017 2/2 27.07.2017 passed in MJC No. 1879 of 2015.
3. Learned counsel for the respondents submits that no fault can be found with the impugned order dated 05.02.2004 and the same has been passed according to law. The petitioner was found to be suffering from some problem in the left ear as audiometric report (audiogram) revealed about a distinct bone air gap in the graph of his left ear from 125 Hertz to 2000 Hertz, suggesting conductive type defect. The petitioner was therefore found medically unfit for appointment in the CISF. Despite the petitioner being informed about the existing provision for review by a Medical Board, the medical fitness certificate was not produced and hence, the petitioner could not be appointed.
4. Having regard to the stand of the respondents in the counter affidavit, this Court is not inclined to interfere in the matter. The writ petition stands dismissed.
(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 01.09.2017 Transmission Date N.A.