High CourtsSingle Bench(2023) 09 RAJ CK 0005

Sunil Kumar vs Rajasthan State And Others

Rajasthan High Court · Decided on 1 September 2023

HON’BLE JUDGES
Dinesh Mehta, J
RESULT
Dismissed
CASE NUMBER
Writ Miscellaneous Application No. 186 Of 2023 In Civil Writ Petition No. 1486 Of 2020

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Judgment

8 paragraphs · 241 words

Dinesh Mehta, J

1.

By way of the present application, applicant-petitioner has prayed that the order dated 28.07.2023 passed by this Court be recalled.

2.

The applicant Sunil Kumar present in person, invited Court’s attention towards the medical reports, which have been filed with the present application and submitted that he suffers from Haemorrhoids and due to profuse bleeding, he is unable to sit for more than two hours. He submitted owing to his medical condition, it is very difficult for him to discharge the duties of a Driver in the respondent-Corporation.

3.

The documents annexed with the application, were admittedly not part of the record, therefore, the same were neither considered by this Court while passing the order dated 28.07.2023, nor can the same be considered now.

4.

Application seeking recalling of the order dated 28.07.2023 is, therefore, rejected.

5.

The petitioner shall nevertheless be free to file a representation before the respondent no. 4 – Chief Manager, RSRTC Jodhpur Depot, Jodhpur, indicating his grievance alongwith the medical documents.

6.

In case, any such representation is preferred within two weeks from today alongwith the certified copy of the order instant, the respondent no.4 shall consider the same in accordance with law and shall get his medical condition assessed by competent Medical Board.

7.

In case, what has been asserted by the applicant-petitioner is found correct, appropriate orders for his posting be passed within a period of four weeks from today.