Dilip Kumar Mandal v. Union Of India And ORS.

15-06-2026 Item No.26 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.7690 of 2026 Dilip Kumar Mandal -vsUnion of India & Ors.

Mr. Tanmay Khan ...for the petitioner Mr. Prabir Kumar Bhowmik Mr. Iswar Chandra Maiti ...for Union of India 1.

The petitioner is serving in the Railway Protection Force. On account of an injury suffered in the course of employment, his left hand index finger, from the level of second MCP joint, stood amputated.

2.

The medical Board of the authority opined that the petitioner is not fit for his present job (constable/RPF) as he cannot use his left hand due to amputation of index finger and stiffness of other fingers of left hand.

3.

The Board further opined that he may resume duty which does not require active use of his left hand. The Divisional Medical Committee recommended that the petitioner be given alternative employment on medical grounds.

4.

Relying on such opinion, the petitioner's service was sought to be utilized as RPF with restrictions as laid down by the medical department.

5.

Submission of the petitioner is that, as the Divisional Medical Committee recommended alternative employment to the petitioner on

medical grounds, accordingly, his service ought to be utilized in some other department.

6.

It has also been submitted that the petitioner ought to be decategorized as per the norms of the authority.

7.

Learned counsel for the Union of India relies upon a communication made by the Senior Divisional Security Commissioner, RPF/Eastern Railway/ Sealdah which mentions that a Court of Inquiry Committee was constituted to ascertain the actual facts in connection with the injury sustained by the petitioner. As per the order of the competent authority, the petitioner has been deployed under the supervision of Post Commander/C&W/ Kanchrapara.

8.

According to the medical authority as well as the Principal Chief Security Commissioner, the petitioner is currently performing light duties at Railway Hospital, Kanchrapara which include duties such as guarding without arms, maintaining the visiting register and managing the queue of outdoor patients.

9.

After hearing the parties and particularly from the instruction forwarded by the Senior Divisional Security Commissioner, it does not appear that the petitioner has been allotted duty which require use of arms. On the contrary, he is performing light duties without arms.

10.

The authority shall keep in mind the medical opinion of the doctors at the time of allotting duty to the petitioner.

11.

The writ petition stands disposed of.

12.

Affidavit of service filed in Court be taken on record.

13.

A copy of the instruction by the Senior Divisional Security Commissioner has been handed over to the learned counsel for the petitioner in Court today.

14.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

15.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]