KISAN TUDU Vs. UNION OF INDIA
HIGH COURT OF CALCUTTA
UNION OF INDIA
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Amrita Sinha, J. -
(1.) The petitioner is aggrieved by a show cause notice dated 14th September, 2018 whereby the petitioner has been directed to submit his explanation as to why action shall not be taken against him for suppression of the fact of congenital deficiency (defective colour vision) during the course of initial medical examination prior to appointment in the Force by training himself or in collusion with Railway Medical Authority and further why action shall not be taken against him for falsification and fraudulent act as per extant Rules.
(2.) The petitioner is a constable of the Railway Protection Special Force (RPSF). He was appointed in the year 2006 after undergoing medical examination and a fitness certificate was issued in his favour by the Medical Officer attached to the Medical Department of the Eastern Railway.
(3.) On a periodical medical checkup held in October, 2010 the petitioner was detected to have defective colour perception. The petitioner was declared permanently medically unfit for the duties of his original post. The Senior Medical Officer on 25th April, 2011 recommended that on medical grounds arrangements should be made to provide him with suitable alternative employment permanently. The Medical Board opined that the petitioner was unfit in the category of Bee/One but fit in category Bee/Two and below.;
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