IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6864 of 2011 RAJU KUMAR, SON OF LATE SANT KUMAR RAI, RESIDENT OF VILLAGE PANDEY DIHRI, P.O. SAKLA BAZAR, P.S. KARAKAT, DISTRICT ROHTAS ----PETITIONER Versus 1.THE UNION OF INDIA THROUGH THE D.I.G.P., C.R.P.F., GROUP CENTRE- JHAPHAN, MUZAFFARPUR 2.D.I.G., BOARD NO.1, BATA GATE, G.C.C.R.P.F., MOKAMA GHAT, PATNA 3.THE POSTAL SUPERINTENDENT, POSTAL DEPARTMENT, BHOJPUR, ARRAH---------------------------------------------------------------------RESPONDENTS ----------- For the petitioner :M/S Prabhakar Jha, Dr.Chandra Shekhar Azad,Advocates For Union of India :Mr.Shiv Kumar, C.G.C. ----- 2. 20.4.2011 Heard learned counsel for the petitioner and learned Central Government Counsel. The petitioner was a candidate for the post of Constable, GD in the CRPF, who was selected for appointment subject to medical fitness. The Medical Officer of the Recruitment Board declared him unfit on two counts. The petitioner thereafter got himself re-examined by the Civil Assistant Surgeon, Sadar Hospital, Ara, Bhojpur, who declared him medically fit, and filed an appeal in accordance with law before the DIGP, CRPF, Mokama Ghat sending the same by speed post on 27.1.2011. The receipt of the speed post has also been annexed to the writ petition. It is stated that thereafter the petitioner was waiting for communication from the respondent authorities for being considered by the Review/Appeal Medical Board. On 2 being informed by the office of the respondent No.2 that his application has not been received the petitioner approached the Superintendent of Post Office, Bhojpur, with a complaint, who by his letter dated 22.2.2011 informed that “as per reported by S.P.M., Mokama Ghat that the speed post are not traceable”. In the aforesaid circumstances, this Court is of the view that there is no fault on the part of the petitioner in filing his appeal within the required period and only on account of the failure of the Postal Department to deliver his application he has been deprived of the opportunity of his case being considered by the Review Medical Board. The writ application is disposed of with a direction to the respondent No.2, DIG, Board No.1, CRPF, Mokama Ghat to send the petitioner before the Review Medical Board within a period of three weeks from the date of receipt/production of a copy of this order along with a fresh application annexing the relevant documents. (Ramesh Kumar Datta,J.) Spal/