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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Badri Narayan Pandey, S/o. Sri Ram Kailash Pandey – Appellant
Versus
Union of India through the General Manager – Respondent
| Table of Content |
|---|
| 1. petitioner's arguments regarding medical fitness and appeals. (Para 2 , 5 , 6 , 7 , 10) |
| 2. factual background regarding petitioner's employment and injury. (Para 3 , 4) |
| 3. respondents' denial of petitioner's claims and rebuttal. (Para 8 , 9 , 11) |
| 4. legal issues framed regarding appointment and voluntary retirement. (Para 13 , 14 , 20) |
| 5. court's observations on respondent's adherence to rules and petitioner's conduct. (Para 19 , 22 , 24) |
| 6. conclusion: writ petition dismissed. (Para 26) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The relief sought by the petitioner is reproduced as under:-
(i) That through the instant writ application, the petitioner prays for the issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in the nature of Mandamus, Commanding and directing upon the respondents, Particularly the respondent no.6 i.e. Chief Medical Superintendent, East -Central Railway Dhanbad to arrange the Constitution of Medical Board, by himself and if it is not within his competency, then by the Respondent no.4 i.e. Principal Chief Medical Director, East Central Railway, Hajipur by moving the matter before him for remedial Examinati
The court upheld that the appointment of the petitioner to an alternative post was lawful despite previous findings of unfitness, affirming the requirement to comply with procedural norms for medical....
The court emphasized the mandatory provisions of IRMM-2000 regarding decategorization and assignment to lighter duty, and held that the Railway authorities must comply with these rules before declari....
A conditional application for voluntary retirement must be accepted in its entirety or rejected, and the authorities must consider the implications of relevant circulars in relation to compassionate ....
The court established that the principles of natural justice must be upheld in administrative decisions affecting employment, and that the availability of alternative remedies does not preclude an em....
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