Sushant Padha vs Pradip Kumar Tripathi

Manjula Das, J

The present CP has been filed for initiation of contempt proceedings against the contemnor for violation of the Tribunal’s order dated 03.03.2021 passed in OA No.282/2021, operative portion whereof reads as under:-

“We, therefore, allow the OA, setting aside the findings of the Appellate Medical Board constituted by the respondent no.2. An Appellate Medical Board shall be constituted at the RMLIMS within a period of four weeks from the date of receipt of a copy of the order. The applicant shall be examined there, in accordance with the relevant provisions of law. It is needless to mention that depending upon the outcome of the findings of the medical board, the UPSC and DoP&T shall take further steps.”

It is submitted by the learned counsel for the petitioner that this CP has been pending for several months, but the Tribunal’s order dated 03.03.2021 has not yet been complied with. He has further submitted that as per the respondents, notice has been issued by DoP&T intimating the petitioner to appear before the Medical Board on 22.07.2022 for medical examination mentioning in the notice itself that the doctors are not only from AIIMS Delhi, rather they are selected from different states for the said medical examination. To this, learned counsel for the petitioner stated that when the Tribunal in its order has clearly directed that the Appellate Medical Board shall be constituted at the RMLIMS, there is no justification for the respondents to convene such Medical Board at the AIIMS.

It is not disputed that the respondents have not yet fully complied with the order of this Tribunal. Therefore, on the last date of hearing i.e. 06.07.2022, Mr. Hanu Bhaskar, learned counsel for the respondents sought further time to seek instructions in the matter. For the sake of clarity, the order passed on 06.07.2022 is reproduced hereunder:-

“Vide Order dated 03.03.2021, the Tribunal allowed the OA No. 282/2021, with following directions:-

"5. We, therefore, allow the OA, setting aside the findings of the Appellate Medical Board constituted by the respondent No. 2. An Appellate Medical Board shall be consititued at the RMLIMS within a period of four weeks from the date of receipt of a copy of the order. The applicant shall be examined there, in accordance with the relevant provisions of law. It is needless to mention that depending upon the outcome of the findings of the medical board, the UPSC and DoP&T shall take further steps."

Thereafter, this CP has been filed alleging non-compliance of the Order dated 03.03.2021 by the respondents wherein, notice was issued to the alleged contemnor’s and four weeks' time was allowed to file reply/objection. The matter was listed on several occasions however, after a lapse of about 9 months, a Writ Petition was filed by the alleged contemnor/respondent challenging the aforesaid order passed by this Tribunal.

Learned counsel for the respondent submitted that notice has been issued by the DoP&T intimating the applicant to appear before the Medical Board on 22.07.2022 for medical examination. The order also states that the Doctors are not only from AIIMS Delhi, rather they are selected from different states for the said medical examination.

Mr. A. K. Behera, learned Senior counsel appearing for the applicant vehemently opposed the argument advanced by the learned counsel for the respondents. He stated that when the Tribunal in its order has clearly directed that the Appellate Medical Board shall be constituted at the RMLIMS, there is no justification for the respondents to convene such Medical Board at the AIIMS. The learned senior counsel in this regard relied upon the statutory rules and drew our attention to paras 2.1 and 2.3 of the Regulations Relating to the Physical Examinations of Candidates annexed at page 13 of the reply to the MA. which reads as under :-

"2.1 Designated Hospitals to conduct Medical Test would be conducted in viz. Safdargunj Hospital, Dr. Ram Manohar Lohia Hospital, Lok Nayak Jai Prakash Narayan Hospital, Sucheta Kriplani Hospital, Guru Teg Bahadur Hospital, Deen Dayal Upadhyay Hospital, B. R. Ambedkar Hospital, AIIMS, New Delhi etc. The decision of the Government regarding the date, venue and suitability of the Candidate for appointment to a service shall be final.

2.3 Candidates belonging to Persons with Benchmark Disability as per their application for Civil Services Preliminary Examination (CPSE) would be examined in any of the above Hospitals mentioned Hospitals (para 2.1)"

Mr. Behera also relied upon decisions of the Hon'ble High Court in W.P. (C) No. 11656/2021 decided on 11.10.2021 as well as of Hon'ble Apex Court in SLP No. 27/2022 decided on 07.02.2022 upholding the decision of the High Court.

In view of the above and after perusing the records, we feel that the respondents have yet not fully complied with the order of this Tribunal. However, Mr. Hanu Bhaskar, learned counsel for the respondent seeks some more time to obtain necessary instructions from the Department.

In the interest of justice, prayer is allowed.”

After having heard the learned counsel for the parties and perusing the material on record, we notice that though the respondents have constituted an Appellate Medical Board for examination of the petitioner at AIIMS Delhi and not at RMLIMS, as directed by the Tribunal, directing the petitioner to appear before the said Board on 22.07.2022. Therefore, we are of the considered opinion that the respondents have not yet fully complied with the directions of this Tribunal contained in its order dated 03.03.2022.

In view of the above, we allow the instant Contempt Petition with a direction to the respondents to constitute an Appellate Medical Board at RMLIMS and not at AIIMS, as per the Tribunal’s order dated 03.03.2021 taking note of paras 2.1 and 2.3 of the Regulations relating to the physical examination of candidates, failing which the present Secretary, DoP&T shall be personally liable for further contempt proceedings in the matter.

In terms of the above directions, the instant CP stands allowed.