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2016 Supreme(Gau) 500

HRISHIKESH ROY, L.S.JAMIR
Sakuntala Basumatary – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioners:Mr. B. Banerjee, Mr. P. K. Barman & Ms. D. D. Barman, Advocates.
For the Respondents: Mr. S. C. Keyal, Asstt. SGI.

JUDGEMENT AND ORDER (ORAL)

(Hrishikesh Roy, J).

Heard Ms. D.D. Barman, the learned counsel appearing for the appellant (writ petitioner). Also heard Mr. SC Keyal, the learned Asstt. Solicitor General of India representing the respondents.

2. The appellant was appointed as a Constable (General Duty) on 20.02.1995, in the Central Reserve Police Force (CRPF) organization but after she completed her year-long training on 20.03.1996, her service was abruptly terminated by the order dated 11.10.1996, as she was declared to be medically unfit by the Chief Medical Officer, Base Hospital, New Delhi. Questioning the outcome of the purported medical examination and claiming herself to be fully fit, the constable filed the Civil Rule No. 1553/1997, to challenge the termination order. The Court ordered for a fresh medical examination but found that the second report is based on the earlier report, without the necessary medical investigation of the lady constable. Thus the termination order was quashed by the Court on 7.12.1999 (page-27) and the authorities were directed to take back the petitioner in service.

3. The reinstatement order was challenged by the Union of India but the Writ Appeal was di








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