Staff Selection Commission & ORS. v. Phool Singh

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 02.12.2024 + STAFF SELECTION COMMISSION & ORS. .....Petitioners Through:

Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur Waraich, Adv.

versus PHOOL SINGH .....Respondent Through:

Ms. Esha Mazumdar and Ms.

Unni Maya. S, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL) CM APPL. 70335/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 16616/2024 & CM APPL. 70336/2024, CM APPL. 70337/2024 3.

The present petition has been filed challenging the Order dated 14.05.2024 passed by the learned Central Administrative Tribunal (Tribunal), Principal Bench, New Delhi in Original Application (OA) No. 1755/2024 titled Phool Singh vs Staff Selection Commission & Ors. directing the petitioner herein to constitute a fresh Medical Board

and have the respondent re-examined to determine his fitness for the post of Constable (Executive) Male in the Delhi Police. 4.

In the present case, the Detailed Medical Examination (DME) Board declared the petitioner unfit for appointment to the above post by observing as under:- 5.

The petitioner applied for the Review Medical Examination (RME) and in the RME proceedings, the petitioner was again declared unfit for appointment on the following grounds:- 6.

Aggrieved of the same, the respondent challenged the findings of the RME before the learned Tribunal in form of the abovementioned OA. The learned Tribunal simply by placing reliance on its earlier order dated 10.05.2024, passed in O.A. 519/2024 titled Teekaram Singh Meena vs. SSC and Ors. has allowed the said OA with the abovementioned directions.

7.

From a perusal of the Impugned Order, we do not find any discussion on the findings of the DME or the RME, or the reasons for the learned Tribunal to not rely upon the same and direct the petitioners herein to have the re-medical examination of the respondent herein conducted.

8.

We, therefore, are constrained to set aside the Impugned Order. The OA filed by the respondent shall stand restored before the learned Tribunal. The parties shall appear before the learned Tribunal on 16th

December, 2024.

9.

The petition, along with pending applications, is disposed of in above terms.

NAVIN CHAWLA, J SHALINDER KAUR, J DECEMBER 2, 2024 SU/SK/VS Click here to check corrigendum, if any