Shri Shrawan Kumar vs Union Of India & Ors.

Per : Hon’ble Shri Jayesh V.Bhairavia, Member (J)

In the instant OA, it is the grievance of the applicant that while he was working as Trackman, he was sent for medical examination to be considered for the post of ALP.

After such medical examination of the applicant, the medical authority on 19.01.2016 issued certificate vide certificate No. 451951 declaring him medically unfit for the post of ALP as he has two cut fingers on left hand.

Being aggrieved the applicant had preferred an appeal before the competent Appellate Authority on 31.01.2016. According to learned counsel for the applicant, the same has not been decided till date.

On receipt of the notice issued by this Tribunal, the respondents have filed their reply mainly contending that the applicant has not submitted the appeal in terms of the instructions contained in Railway Board’s letter dated 31.12.2015 (Annexure R/2). More particularly the instructions contained in Clause – b of Para VII of the said letter stipulates that the appeal shall be entertained only if the candidate produces a certificate from a Government/Private doctor of the specialty/specialties in which the candidate has been found unfit. Such a certificate should also contain a note that the Government/private specialist was aware of the fact that the candidate has already been declared unfit during medical examination conducted by an appropriate medical committee appointed by the Government in this regard. The Government/private specialist should also certify that he is fully aware of the physical & vision standards set by the railways and the he is aware that the candidate has already been certified as unfit according to the standards. Since, applicant herein has not submitted the requisite certificate along with the appeal dated 31.01.2016, the same cannot be entertained by the respondents.

After arguing for some time, learned counsel for the applicant submits that opportunity be granted to the applicant to submit his appeal along with supporting documents in terms of the Railway Board’s letter dated 31.12.2015 and the same may be considered by the Appellate Authority in accordance with the material on record and extant rules without going into the technical delay.

Considering the aforesaid, we accept the request of the learned counsel for the applicant. Accordingly, it is open for the applicant to submit his appeal along with supporting documents in terms of the Railway Board’s letter dated 31.12.2015 within four weeks from today and on receipt of the same, it is open for the competent Appellate Authority to decide the same in Central Administrative Tribunal^{accordance with the extant rules and material on record and} intimate the decision to the applicant forthwith.

Accordingly, OA stands disposed of.

MA pending if any, also stands disposed of.

No order as to costs.

Registry is directed to supply the copy of this order to counsel for the parties.