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Allahabad High Court · body

2016 DIGILAW 3564 (ALL)

Munnar Yadav v. Dy. Inspector General of Police,Group Center,C. R. P. F.

2016-10-25

DILIP B.BHOSALE, SUNEET KUMAR

body2016
JUDGMENT Order on C.M. Delay Condonation Application No. 329746 of 2016 Heard Mr. Sanjay Kumar Singh, learned counsel for the appellant and Mr. Saurabh Shukla, learned counsel for respondent nos. 1 to 4. The appellant prays for condoning the one day's delay caused in filing the special appeal. The respondents have not filed any reply opposing the prayer till today. In view thereof and for the reasons stated in the application and in the affidavit filed in support thereof, the delay in filing the special appeal is condoned. The application is disposed of. Order on Special Appeal This special appeal is directed against the order dated 9 August 2016 passed by the learned Single Judge in Writ-A No. 37300 of 2012, whereby the appellant's writ petition has been dismissed on merits. The appellant, in the writ petition, challenged the order dated 22.05.2012 passed by the first respondent. The appellant had appeared in the selection held for the post of Driver and he was found unfit by the Medical Board. Against this order, the appellant had filed an appeal, and the appeal also came to be rejected. The appellant has placed reliance upon a fitness certificate issued by the Chief Medical Officer, District Hospital, Jaunpur. After having considered this material placed by the appellant on record, the learned Single Judge has rightly dismissed the writ petition with the following observations in concluding paragraphs of the judgment: "Learned counsel for the petitioner drew attention of the Court to 'Annexure 4' to the writ petition which is Fitness Certificate allegedly sent by the petitioner in support of his appeal. There are two photocopies of the certificate filed by the petitioner as 'Annexure 4' to the writ petition. The Certificate which finds place at page Nos.25 & 26 of the paper book contains the signature of the Medical Officer of the date 21.4.2012. Though all other columns of this Certificate are blank, however, at the end of the Certificate as against Column No.17, the finding is that the petitioner is fit. Whereas the photo-copy of the Certificate appended at Page No.27 which also runs in two pages i.e. page Nos. 27 & 28, the seal and signature of the Medical Officer is missing whereas in Column No.17, the word "Fit" has been written with the same initial as found at page No.26 of the paper book. Whereas the photo-copy of the Certificate appended at Page No.27 which also runs in two pages i.e. page Nos. 27 & 28, the seal and signature of the Medical Officer is missing whereas in Column No.17, the word "Fit" has been written with the same initial as found at page No.26 of the paper book. Having noticed the discrepancies noted above, the Fitness Certificate relied upon by the learned counsel for the petitioner does not inspire confidence of the Court." We do not find any reason to interfere with the order passed by learned Single Judge. Special appeal is accordingly dismissed.