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Judgment
O R D E R
By Justice Rajiv Joshi, Member (Judicial)
Heard Ashish Srivastava, learned counsel for the applicant.
Present contempt petition has been filed under Section 17 of the Administrative Tribunals Act, 1985 alleging non-compliance of the order dated 22.05.2026 passed in Original Application No.606/2024 by which the said OA was disposed of with the following observation and directions: -
“11.In view of the above, the respondents are directed to refer the applicant to a duly constituted Railway Medical Board for fresh medical examination and verification of his disability status with reference to the category for which he had applied under Notification CEN-01/2019. The Medical Board shall examine whether the applicant falls within the eligible LD/OL category or any other eligible locomotor disability category under the notification or not.
12.In case, the applicant is found medically suitable and otherwise eligible in the relevant category, the respondents shall consider his candidature for appointment against an appropriate post strictly in accordance with merit and applicable rules. The aforesaid exercise shall be completed expeditiously, preferably within a period of three months from the date of receipt of a certified copy of this order.”
Learned counsel for the applicant submits that pursuant to the order passed by this Tribunal, respondents issued a letter dated 03.07.2026 requiring the applicant to appear before the Railway Recruitment Board, Gorakhpur on 13.07.2026 along with the relevant original documents for necessary action towards medical examination. The applicant accordingly appeared before the respondents and was issued a fresh medical memo for medical examination on 14.07.2026. It is further stated that the applicant was again called for medical examination on 14.08.2026 and, despite appearing on the dates fixed by the respondents, no final decision regarding his medical status and Central Administrative Tribunalcandidature has been communicated to him.
He further submits that the applicant had already obtained a disability certificate issued by the competent authority and had successfully participated in the recruitment process, but his candidature has not yet been considered in terms of the directions contained in the order of this Tribunal. According to the applicant, the respondents have failed to give due effect to the said order and have not taken the matter to its logical conclusion despite his repeated visits and requests.
Learned counsel for the applicant further submits that the order specifically contemplated completion of the exercise within a period of three months from the receipt of its certified copy, whereas the respondents have failed to complete the process within the stipulated period. It is, therefore, alleged that the continued inaction on the part of the respondents amounts to deliberate and wilful non-compliance of the order dated 22.05.2026 and warrants initiation of contempt proceedings against the respondents.
We have considered the submissions of learned counsel for the applicant and perused the record.
From the material placed before us, it is evident that pursuant to the order dated 22.05.2026 passed in Original Application No. 606/2024, the respondents took steps for fresh medical examination of the applicant. The applicant was called upon to appear before the Railway Recruitment Board, Gorakhpur and, thereafter, a fresh medical memo was issued to him for medical examination. The record further indicates that the applicant was again called for medical examination on 14.08.2026. Thus, it cannot be said at this stage that the respondents have completely ignored or deliberately disobeyed the directions contained in the aforesaid order.
However, the result of the aforesaid fresh medical examination and the consequential decision, as contemplated under paragraph 12 of the order dated 22.05.2026, have not been placed on record. Since the directions contained in the aforesaid order require the respondents to ascertain the applicant's eligibility in the relevant locomotor disability category and, if he is found medically suitable and otherwise eligible, to consider his candidature for appointment in accordance with merit and the applicable rules, the respondents are required to bring the outcome of the medical examination to the notice of the applicant as well as this Tribunal.
In view of the aforesaid circumstances, we are not inclined to continue the contempt proceedings at this stage. The contempt petition is, accordingly, consigned to record. However, it is expected from the respondents to communicate the result of the fresh medical examination of the applicant and the consequential decision taken pursuant to the order dated 22.05.2026 to the applicant, if not already done.
All pending M.As, if any, shall be treated as disposed of.