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RAVI RANJAN, SUJIT NARAYAN PRASAD
Union of India, through Usha Kiran Kandulna, D/o. K. K. Tigga, Deputy Inspector General (ADM) – Appellant
Versus
Aman Tiwary, S/o. Late Ramanuj Tiwary – Respondent
JUDGMENT :
1. This appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 29.01.2021 passed by learned Single Judge in W.P.(S) No. 2712 of 2012, by which appellate order dated 30.12.2011 passed by Inspector General, OPS, Jharkhand Sector, CRPF as also order of punishment dated 03.09.2011 and 04.10.2011, issued by the Commandant, 133 Bn, C.R.P.F, Ranchi terminating the services of the petitioner, has been quashed and set aside while allowing the writ petition.
2. The brief facts of the case as per the pleading made in the writ petition required to be enumerated, read as under:
The petitioner applied for selection for the post of Driver in C.R.P.F., Hazaribagh, Jharkhand, 22 Battalion, CRPF Recruitment Centre and accordingly appeared for written test conducted on 06.07.2008, in which, he was declared successful
Point of law: person adversely affected by an order has right of being heard and making representations against order, even though rules do not provide so expressly
The Court affirmed that unconfirmed employees can be terminated based on medical fitness standards, as per the applicable rules.
Conflicting medical fitness opinions from government hospitals entitle merit-selected candidate to fresh independent re-examination, despite initial and review unfitness, without impugning medical bo....
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 main legal point established is the court's discretion to consider leniency in cases of termination on medical grounds and to direct the petitioner to be treated as 'compulsorily retired from ser....
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