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HIGH COURT OF DELHI
Date of Decision: 27.01.2025
ASHOK JINDAL .....Petitioner
Through: Mr.Tarun Sharma, Mr.Abid Ali and Mr.Manek Sharma, Advs.
Through: Mr.Farman Ali, SPC
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral)
JUDGMENT
1. Allowed, subject to all just exceptions.
2. This petition has been filed by the petitioner, praying for a direction to the respondents to constitute a Medical Board for determining the medical fitness category of the petitioner.
3. It is the case of the petitioner that the petitioner joined the Railway Protection Force as a Constable on 23.03.2006. On 06.04.2024, he suffered a crush injury on the right foot from a running train near Sampla Railway Station, Delhi, and was subsequently issued a Disability Certificate dated 17.09.2024, which certifies as under: “LOCOMOTOR PERMANENT DISABILITY = 20%.”
4. The petitioner asserts that the petitioner was thereafter examined at the Northern Railway Central Hospital, General Orthopaedics unit, where it was directed that the petitioner be examined by an Integrated Medical Board. However, the Medical Board has not been constituted till now.
5. Issue notice.
6. Notice is accepted by Mr.Farman Ali, the learned counsel on behalf of the respondents.
7. Keeping in view the nature of the relief prayed, we direct the respondents to constitute an Integrated Medical Board for assessing the medical status/fitness category of the petitioner, within a period of four weeks from today. The Medical Board shall keep in view the medical documents that have been filed by the petitioner along with the present petition, or any additional document that the petitioner may produce before it, before rendering its final opinion.
8. We clarify that we have not expressed any opinion on the merit of the averments made by the petitioner in the petition, and it shall be open to the Medical Board/respondents to decide the same. In case the petitioner is aggrieved of the order passed by the respondents, it shall be open to the petitioner to challenge the same in accordance with law.
9. The petition is disposed of in the above terms.
NAVIN CHAWLA, J SHALINDER KAUR, J JANUARY 27, 2025/SG/DG Click here to check corrigendum, if any