1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 32 of 2011 [Dr. Akash Laxmanrao Narde Vs. Union of India & three others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.M. Sudame, Adv., for the petitioner. Mr. S.S. Ahirkar, Adv., for respondents. ---- CORAM : A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATE : 10th February, 2011. 1. Heard. 2. Learned Adv. Mr. Sudame for the petitioner made following submissions:- [a]Dr. N.K. Prasad and Dr. S.L. Nimesh along with petitioner were members of the Medical Board. [b] On the basis of record of examination, Billuram was suffering from ailments described as LVH , [Left Ventricular Hypertrophy], 2 Mild PH [Mild Pulmonary Hypertension] and TR [Tricuspid Regurgitation]. [c] The adverse medical opinion was recorded which was later confirmed by Medical Board and the candidate was ultimately declared unfit, and was discharged from employment. [d] These two doctors are guilty of act of manipulating the record relating to the medical examination of the candidate, namely Shri Billuram. 3. According to learned Adv. Mr. Sudame, the records were manipulated, - in the sense that the ECG and other opinions were changed. 4. We had called learned Adv. Mr. Sudeme to isolate and point out from various representations the averments describing factual matter of grievance relating to manipulations. 5. Learned Adv. Mr. Sudame urged that the representations were made after receiving information under the Right to Information Act. In the result, the allegations did not find place in the earlier representations, though those were narrated in the representation Annexure-11, dated 29th September, 2009, which is at Page Nos. 41 to 47 of the paper-book of the Writ Petition. 3 6. Learned Adv. Mr. Sudame states that those allegations are contained in Para [v] of Annexure-11 at pages 43 and 44 of Writ Petition Paper-book, which is quoted below:- v. The second review medical examination of the candidate was done in April, 2008 by Dr. S.L. Nimesh, DIG (Medical), CH, Nagpur. He manipulated the original investigations (Annexure-3 & 4) of the candidate to make him fit. When the candidate was sent for specialist opinion & investigations to Govt. Medical College and Super Specialty Hospital, Nagpur, his original ECG report read as suggestive of LVH (Left Ventricular hypertrophy) [written on OPD Ticket-Annexure 3, page 2 as well as on ECHO report  Annexure 4, page 1] and his ECHO report read as Mild PH (Pulmonary Hypertension), TR (Tricuspid Regurgitation) [Annexure-4, page 1]. Thus, he was having severe diseases of Hypertension, LVH, PH and T.R, and so was unfit for CRPF duties. However, DIG Medical made him fit after changing these original investigation reports and obtaining specialist opinion based on the changed reports (attached with the dossier of the candidate). 7. Upon repeated reading and assessing different perspectives as could emerge from reading of the para [v] quoted in foregoing para, the allegation of manipulation by changing reports of any specific investigation, does not surface or emerge. 4 8. The inference, which can, at the most, be drawn from the averments incorporated in Annexure-11, appears to be that opining that the increase in the blood pressure of the candidate is due to anxiety, is the manipulation, meaning that the opinion is manipulated. 9. Considering possibility of different medical opinions, it may be a case of act of favour by declaring a person fit, whose status of fitness is doubtful. 10. Admittedly, higher authorities have declined to treat said act, i.e., alleged favour as a misconduct or offence. 12. In the background that the petition is based on the imputation of manipulation of records, or opinion, and said acts are not explicitly described. We do not propose to grant any indulgence. 13. Petition is, therefore, dismissed. Judge Judge |Hedau|