CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 2465/2018 Reserved on : 30.10.2025 Pronounced on : 05.12.2025 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member (A)

Sunil Kumar S/o Late Sh. Sant Ram R/o VPO Rawta, New Delhi-110073 Aged about 29 years [Group ‘C’

Candidate for the post of Constable (Driver)(Male)]

.. Applicant (By Advocate: Mr. Ajesh Luthra)

Versus

1. Commissioner of Police PHQ, MSO Building IP Estate New Delhi.

2. Deputy Commissioner of Police (Recruitment Cell)

New Police Lines Kingsway Camp, Delhi.

.. Respondents (By Advocate: Mr. Thakur Virender Pratap Singh Charak with Ms. Shubra Parashar, Mr. Pushpender Singh Charak, Mr. Amit Kumar and Ms. Shailja Chandra)

ORDER Hon’ble Dr. Anand S. Khati, Member (A)

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought for the following relief(s):-

“i) Quash and set aside the impugned order dated 18/05/2018 (Annexure A/1) and Show Cause Notice dated 20/03/2018 (Annexure A/2) and ii) `Direct the respondents to further consider and appoint the applicant to the post of Constable (Driver) (Male) and iii) If need be, the respondents may get the applicant medically examined by an independent medical board, at any Government hospital iv) Alternatively, the applicant may be considered for a post other than the post of Constable (Driver) (Male), where color blindness is not a hindrance towards functional ability in discharging the duties thereto.

v) Accord all consequential benefits.

vi) Award costs of the proceedings; and vii) Pass any other order/direction which this Hon’ble Tribunal deems fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.”

2. Brief facts of the case as narrated by learned counsel for the applicant are as under:-

2.1 The applicant was considered for compassionate appointment to the post of Constable (Driver) (Male) in Delhi Police consequent to untimely death of his father while in service and approved in the meeting held on 13.01.2017. He was medically examined at Aruna Asaf Ali Hospital, New Delhi on 16.05.2017 and found medically unfit on account of 'Red Green Color Blindness' vide memo dated

21.07.2017.

2.2 Being dissatisfied with the said medical report of unfitness and the order passed by the respondents, he preferred an appeal for 2nd medical examination by a special medical board. On 02.02.2018, the applicant was medically examined at Guru Nanak Eye Centre. However, the respondents issued a Show Cause Notice dated 20.03.2018 (Annexure A/2) proposing cancellation of applicant's candidature as, according to them, even the Guru Nanak Eye Hospital had declared the applicant unfit on the ground of 'Red Green Color Vision Defective', however, he has not been supplied any of the medical unfitness report.

2.3 Learned counsel for the applicant submitted that the applicant does not suffer from the aforesaid medical condition and he is not a colour blind. The applicant got himself medically examined from AIIMS and also from Delhi Eye Care, wherein his colour vision has been found 'WNL', i.e., he is not suffering from said medical condition and submitted his reply dated 02.04.2018 along with the copies of the reports from AIIMS and Delhi Eye Care (Annexure A/3 (colly)) and requested for a re-medical examination or appointment to another post. However, vide impugned order dated 18.05.2018 (Annexure A/1), the respondents rejected the same in a cryptic manner by passing an unreasoned order.

2.4 The applicant further got examined himself from Dr. Ram Manohar Lohia Hospital, New Delhi on 28.05.2018 and after due examination, it has been found that his colour vision is normal vide its report dated 28.05.2018 (Annexure A/4).

2.5 He argued that the impugned order has been passed by the respondents without application of mind, which is inferable from the fact that though the candidature of the applicant had been towards