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2007 Supreme(Kar) 148

N.K.PATIL
RAJU SHIVAJI CHAVAN – Appellant
Versus
UNION OF INDIA – Respondent


( 1 ) THE petitioner, assailing the correctness of the impugned communication dated 29-10-2005 bearing No. CHQ : WP- 10262 : 05 : 1 : STI (Discp) vide Annexure-A. has presented this writ petition. Further, petitioner has sought to direct the respondents to examine the petitioner by an independent medical expert or anybody or authority not under the control or authority of third respondent.

( 2 ) THE undisputed facts of the case are that; petitioner earlier had filed a Writ Petition before this court in No. 9195/2005 assailing the correctness of the discharge order dated 6-3-2004 issued by the 3rd respondent vide Annexure-A therein. The said writ petition had come up for consideration before this Court on 9th August 2005. This Court has allowed the said writ petition in part and a direction was issued to third respondent therein to subject the petitioner to a medical test by an expert or group of experts so as to ascertain the correct height of the petitioner and if it is found that the height of the petitioner qualifies him for being considered for the post in the lower trade, he shall be reinstated into service afresh. After disposal of the said writ petition, in compliance of th


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