LPA 950 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 950 of 2010 (O&M) Date of decision 10 .8.2010 Union of India and another ... Appellants Versus Constable Amarjyot ... Respondent. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Gurpreet Singh, Sr. Panel Counsel for the appellant 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The instant appeal filed under Clause X of the Letters Patent is directed against judgement dated 3.3.2010 passed by the learned Single Judge issuing direction to the appellants to reconstitute Medical Review Board within the specified time. The petitioner- respondent Constable Amarjyot was invalidated out of service on 31.3.1992 on the basis of opinion expressed by the Medical Board on 15.10.1991 (P.5) opining that he was not fit to work as a Constable general duty in ITBP in HAA with stress and strain with weapons. Therefore he was declared unfit and invalidated out of service on medical grounds. The petitioner- respondent had earlier approached the Chief Medical Officer, Dehradun who in his opinion dated 8.3.1991 had opined that he did not show any neurological deficit and was fit to join duty. There was obviously contradiction between the opinion expressed by the Chief Medical Officer and the Medical Board convened by the appellants. Accordingly, the learned Single Judge has LPA 950 of 2010 2 rightly issued directions to reconstitute the Medical Board within a period of one month. Feeling aggrieved, the appellant- Union of India has filed the instant appeal. The only argument raised by Mr. Gurpreet Singh, learned Senior Panel Counsel is that by efflux of time convening of review Medical Board may not be appropriate as the disease itself might have been cured. However, we do not find any substance in the aforesaid statement because the nature of the disease involves neurological disorder for which cure is unlikely. We are further of the view that all these facts could be placed before the review Medical Board who can express its opinion. There is thus no merit in the appeal. Dismissed. In view of the fact that the appeal has been dismissed on merit, we do not feel the necessity of passing any order on the miscellaneous applications filed alongwith the appeal. (M.M.Kumar) Judge (A. N. Jindal ) 10 .8.2010 Judge okg