WP(C) 4307/2010 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. S.K. Sarma, learned counsel for the petitioner as well as Mr. S. Dutta, learned counsel representing the respondent Bank. The petitioner who is admittedly a physically challenged person has file d this writ petition making a grievance against the order dated 08.05.08 (Annexu re-I) by which he has been transferred from Barpeta Road Branch to Badarpur Bra nch. It appears that the petitioner had earlier approached this Court by filing W.P.(C) No. 1939/2008 and the same was disosed of by order dated 18.12.08 direct ing the Bank authority to consider and dispose of the representation which was f iled by the petitioner. Pursuant to the said order when the representation was disposed of in th e negative, the petitioner once again approached this Court by filing another wr it petition being W.P.(C) No. 3247/09 and the same was also disposed of by order dated 05.03.2010 directing the respondent Bank to get the petitioner medically examined by a duly constituted Board. It was also provided that depending upon t he outcome of the assessment to be made by the medical board, further course of action will follow. Pursuant to the aforesaid order, the petitioner was medically examined by a duly constituted board and thereafter the respondent Bank has passed the impugned or der dated 16.06.2010 rejecting the prayer of the petitioner for cancellation of the impugned order of transfer. In the order dated 16.06.2010, the Bank authori ty while dealing with other aspect of the matter, has simply referred to the rep ort furnished by the medical board that the medical board did not suggest any in capacity of the petitioner to join at Badarpur. Mr. S. Dutta, learned counsel for the Bank has produced the report dated 21.05.2010 of the medical board which is reproduced below: GOVERNMENT OF ASSAM OFFICE OF THE JOINT DIRECTOR OF HEALTH SERVICES BARPETA NO. JDHSB/MB/10 2137/ dated Barpeta the 21.05.2010 To, The General Manager, Assam Gramin Vikash Bank, Head Office, G.S. Road, Bhangagarh, Guwahati-781005 (Assam) Sub:- Medical examination report Ref:- Your letter No. A.G.V.B./PER/CC/ 3247/ 2009-10 dated 08.03.2010 Sir, With reference to your letter no. cited above, I am enclosing herewith a medical examination report of Shri Dwijendra Lal Nath, Clerk cum Cashier of your bank f or needful action. Encl: As stated above, Yours faithfully, Sd/- Jt. Director of Health Services & Chairman District Medical Board, Barpeta Reference : Examination of Shri Dwijendra Lal Nath By medical board. Date of Examination: 29.04.2010 Interpretation: As per advices and findings of the patient reviewed by Gauhati Medical C ollege and Hospital the medical board arrive at the conclusion that- 1. He has spondylosis in luombo-sacral region and cervical spine, causing some a mount of physical disability of lower limb boordast few months (depending on MRI & X ramp) 2. He is suffering from hypothroidison (on the basis of hormone immuueanas) 3. Therefore he is advised to avoid (heavy) lifting of objects and advised to re strict long journey and making long distance due to his physical disability aris ing from radicubpatly and cerical spondylosis. 1) Dr. J.C. Medhi, MD 2) Dr. DC Sarmah, MS 3) Dr. S. Mazumdar, Jt. DHS 4) Dr. Ila Choudhury, CMO, CD As per the aforesaid report, the petitioner is to avoid heavy lifting of object and to restrict long journey and walking due to his physical disability. While passing the aforesaid order dated 16.06.2010, the Bank authority did not take into account the above aspect of the matter. Further, as submitted by the l earned counsel for the petitioner, the petitioner is left with only two years o f service. Considering all aspects of the matter, this writ petition is disposed of directing the respondent Bank to re-examine the case of the petitioner in the l ight of the report furnished by the medical board, particularly the suggestions made in clause (3) of the report and thereafter to pass appropriate order in acc ordance with law. The said authority shall also bear in mind about the physical incapacity of the petitioner and the fact that the petitioner is left only two y ears of service. With the above directions, writ petition is disposed of.