IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17853 of 2011 Vivekanand Singh Son Of Narendra Singh Resident Of Village Gorasara, Police Station Noan, District Kaimur At Bhabhua …Petitioner Versus 1. The Union of India through the D.G., C.R.P.F. New Delhi 2. The Director General, Central Reserve Police Force, New Delhi 3. The Inspector General, Central Reserve Police Force, Bihar Sector, Ashiyana Nagar, Patna, Bihar 4. The Deputy Inspector General, Group Centre, Central Reserve Police Force, Mokamaghat, Patna 5. The Commandant, Group Centre, Central Reserve Police Force, Mokamaghat, Patna 6. The Assistant Commandant, Administration, Group Centre, Central Reserve Police Force, Mokamaghat, Patna 7. The Presiding Medical Officer, Recruitment Medical Board, Group Centre, Central Reserve Police Force, Jhaphan, Muzaffarpur …Respondents ----------- 02. 12.10.2011 Heard learned counsel for the petitioner and learned counsel for the Union of India Petitioner was an applicant for the post of Constable (G.D.) in Central Reserve Police Force (for short „CRPF‟). It is the case of the petitioner that he was found fit at physical eligibility test followed by written test. Subsequently, he was subjected to medical fitness test whereat he was found medically unfit (Annexure-3) on account of varicose veins in right leg. Petitioner got himself medically examined by Civil Assistant Surgeon at Sasar Hospital Ara who found him medically fit and the opinion of the doctor of the CRPF was held to be an error of judgment. Armed with aforesaid medical fitness certificate, he filed appeal within time prescribed therefor. This is what the petitioner has averred in 2 para 9 of the petition:- “That it is stated and submitted that petitioner immediately filed appeal and sent his application through speed post on 29.6.2011 to the office of appellate authority.” The authority by a communication dated 16.08.2011 (Annexure-5) rejected the appeal of the petitioner on the ground that it was received 15 days beyond the date of receipt of he representation/appeal. Learned counsel for the petitioner, while assailing the aforesaid order (Annexure-5), contends that for the fault of the postal department the petitioner should not be penalized. It is stated that in similar circumstance, this Court on numerous occasions directed consideration of appeal on merit. Learned counsel for the Respondents-Union of India having perused the pleadings on record fairly takes a stand that the appeal was dispatched through the speed post well within time and, as such, the authority was required to consider his appeal on merit. Having heard the parties, this Court is satisfied that the present application be disposed of by the following order:- Let the petitioner approach the Deputy Inspector General, Group Centre, CRFP, Mokamaghat, Patna (respondent no.4) with a copy of the present order within three weeks whereafter the said respondent shall arrange for a review medical board 3 for medical examination of the petitioner as soon as possible preferably within 02 weeks thereafter. The respondent shall thereafter take appropriate decision in accordance with law. hr ( Kishore K. Mandal )