THE HON’BLE SRI JUSTICE NOOTY RAMAMOHAN RAO WRIT PETITION NO.7693 OF 2011 25th MARCH 2011. BETWEEN: GONDE PRATAP .. PETITIONER AND THE SINGARENI COLLERIES CO. LTD., REP. BY ITS GENERAL MANAGER MANDAMARRI AREA,MANDAMARRI, ADILABAD DISTRICT AND OTHERS .. RESPONDENTS THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 7693 OF 2011 O R D E R: The writ petitioner worked as a driver with 1st respondent-Singareni Colleries Company Limited. He has been subjected to a medical examination by the Corporate Medical Board and based upon the findings recorded by the said medical board the name of the writ petitioner has been removed from the rolls of the company viz., Singareni Colleries Company Limited w.e.f. 20.3.2010 as he has declined to work as a general mazdoor, in an alternative capacity. Against the findings of the Corporate Medical Board provision has been created for preferring an appeal to the Appellate Medical Board, Dhanbad in Jharkhand State, which is obviously to be convened and constituted by the Deputy Director of Mines Safety (OH), Directorate General of Mines Safety, Dhanbad. When the writ petitioner submitted his memorandum of appeal to the said Appellate Medical Board and awarded the same to the Deputy General Manager, Singareni Colleries Company Limited for strange reasons the Deputy General Manager has not chosen to forward the same so far to the Appellate Medical Board. This conduct of the 2nd respondent is totally inexplicable. Therefore, instead of keeping this writ petition pending any further the 2nd respondent is directed to verify and forward the appeal said to have been preferred by the writ petitioner against the findings of the Corporate Medical Board declaring him as medically unfit. In case the 2nd respondent does not immediately find a copy thereof, he is entitled to collect one more set of the same from the writ petitioner by issuing a specific communication in that regard to the petitioner. The 2nd respondent would forward the appeal of the petitioner to the 3rd respondent, however, within a maximum period of 30 days from today. Upon receipt of such an appeal the 3rd respondent would examine the same and if necessary also examine the writ petitioner and decide as to the correctness or otherwise of the findings recorded by the Corporate Medical Board declaring the writ petitioner as unfit on medical grounds for working as a driver in 1st respondent-company. Based upon the findings of the Appellate Medical Board, the 1st respondent shall take suitable action within a maximum period of 30 days thereafter either to re-engage the writ petitioner, or in the event the Appellate Medical Board declares him not fit for continuing in duty, to pay him all such terminal benefits which are payable to him. With this the writ petition stands disposed of. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 25th March 2011 cc one week. tnb THE HON’BLE SRI JUSTICE NOOTY RAMAMOHAN RAO WRIT PETITION NO.7693 OF 2011 25th MARCH, 2011.