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SURESH KUMAR KAIT, SAURABH BANERJEE
Ranjeet Kumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been preferred by the petitioner seeking quashing of orders dated 24.07.2020 and 16.12.2020; vide which he has been terminated from service.
2. The case of the petitioner is that pursuant to respondents inviting applications, he applied for the post of Constable in Central Armed Police Force (CAPF) and after being successful in the written examination; he appeared for medical examination before the Medical Board at FTR, HQR, SSB, Patna, wherein he was found unfit on the ground of 'Hydrosol Rt Testis'. However, the petitioner was re-examined by the Appellate Medical Board and was found fit for service and was accordingly selected in the recruitment process and provisionally appointed to the post of Constable/GD vide letter No.E-32023/ES/Appoint letter/Joint Recruit/ Constable-2011/ 2017-5963 dated 30.05.2014.
3. Further averred by the petitioner that he received a Show Cause Notice dated 03.12.2016 alleging that he had suppressed the fact of having 'Defective Colour Vision' when he appeared for medical examination in Jaipur and got Shape-1 certificate. In his reply to the aforesaid Show Cause Notice, petitioner stated that accor
The main legal point established in the judgment is the applicability of the Circular dated 28.05.2013 to the petitioner's recruitment and subsequent termination based on 'Defective Colour Vision'. T....
The Court affirmed that unconfirmed employees can be terminated based on medical fitness standards, as per the applicable rules.
Disqualification -In case any candidates are sought to be disqualified on the ground that they suffer from colour blindness, there has to be a specific provision in the rules providing for such disqu....
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