Kaju Sen Modak v. Union Of India And ORS.

12.02.2025

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE ItemNo.ML282 Court No. 23 Asraf, A.R.(Ct.) WPA 28196 of 2023 KAJU SEN MODAK VS.

THE UNION OF INDIA & ORS.

Mr. Supratick Syamal ....for the Writ Petitioner Mr. Dhiraj Trivedi, Ld. DSG Mr. Debapriya Gupta ....for the Respondents The report filed by the Command Hospital(Eastern Command), Kolkata with the learned Registrar General of this Court in a sealed envelope has been placed before this Court The sealed envelope is opened and the report is taken on record.

It appears from the documents inside the sealed envelope that by a letter dated 23rd January, 2025 Ms. Archita Roy, Colonel and the President of the Medical Board for Commandant has forwarded a photocopy of the original report dated 7th August, 2024 which according to the Commandant Hospital has been already sent to this Court.

On a perusal of the photocopy of the said report dated 7th August, 2024 it is apparent that upon medical examination of the petitioner, the petitioner has been

found "medically unfit in post head injury sequelae with major depression with psychosis". The report is circulated amongst the parties.

Upon perusing the report it is evident that the petitioner is unfit to work in the post of Constable in Central Reserved Police Force.

The writ petition is disposed of by directing the respondent authorities to treat the petitioner unfit in accordance with the applicable rules and clear all dues of the petitioner within a period of four weeks from the date of communication of this order.

Nothing further remains to be adjudicated in this writ petition. The writ petition is accordingly disposed of.

The parties are directed to act upon the server copy of this order duly downloaded from the official website of this High Court without insisting upon production of a certified copy thereof.

( Arindam Mukherjee, J. )