Mohan Pal Singh v. Union of India

1. This appeal is filed against the impugned judgment of the first appellate court dated 15.4.2014 whereby the first appellate court allowed the appeal of respondent no.2/employer/ITBP against the judgment of the trial court dated 26.11.2012 by which the trial court had decreed the suit of the appellant-plaintiff and ordered reinstatement in services. In the suit reinstatement in services was prayed for on the ground that the appellant was not hard of hearing as declared by the Medical Board of the employer/Union of India/ITBP. 2014:DHC:3142

2. The facts of the case are that the appellant was enrolled as a Constable with ITBP on 11.4.1988. When the appellant was posted in Chandigarh, he was issued a memo dated 8.5.1992 that the appellant-plaintiff’s case was a case of C.S.O.M (RT) OPTD C Conductive Deafness (R) and that was so reported before the Sector Medical Board on 30.3.1992. Appellant was informed that he could challenge the findings of the Medical Review Board before an appellate authority alongwith the certificate of a Government Doctor not below the rank of a civil surgeon. Appellant did apply for a review certificate, however, the courts below note that the Doctor namely Dr. A.S.Bhalla, on the basis of which certificate of review was applied, was not a civil surgeon. It also may be noted that the appellant had been even earlier operated for deafness on 29.6.1991 i.e prior to the issuance of the memo dated 8.5.1992, however, there was no improvement in the condition of the appellant.

3. Both the courts below have passed detailed judgments referring to the aspect that the appellant has failed to file any proof that PW-2 Sh. A.S.Bhalla was of the rank of civil surgeon. Accordingly, the suit of the appellant-plaintiff has been dismissed.

4. A second appeal under Section 100 CPC lies only if there is a substantial question of law. In the present case, there is no question of law much less a substantial question of law, in view of the fact that there is no proof of PW-2/Sh. A.S.Bhalla being of a rank of a civil surgeon and above, and only on the basis of which certificate of a civil surgeon, review could have been applied for and the findings of the Medical Review Board on the basis of which memo dated 8.5.1992 was issued to the appellant questioned.

5. There is hence no merit in the appeal, and the same is therefore dismissed, leaving the parties to bear their own costs. JULY 08, 2014 VALMIKI J. MEHTA, J. ib