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Judgment
Vipin Sanghi, CJ
Issue notice. Mr. Pande appears and accepts notice on behalf of the respondents.
We find that the learned Single Judge has dismissed the writ petition of the appellant on the ground that the medical certificate that he had produced was more than five year old. The medical certificate produced by him stated that he required ‘open heart surgery’.
In our view, even if the medical certificate was five years old, that should not have led to dismissal of the writ petition. The Court would have well directed that the fresh medical board of the appellant-writ petitioner be conducted.
We, therefore, dispose of this special appeal with a direction to the respondents to hold a fresh medical board of the appellant within two weeks. Depending on the finding of the Medical Board, the respondent shall take a decision on the appellant’s representation against his transfer.
Let this order be communicated to the appellant as well as learned counsel for the appellant by the Registry.
The appeal stands disposed of in the aforesaid terms.
Pending application, if any, also stands disposed of.