IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15058 of 2011 Niraj Kumar S/O Sri Surendra Chaudhary R/O Vill.- Mahant Maniyari, Bhagwan Tola, Via- Silout, P.S.- Maniyari, Distt.- Muzaffarpur …Petitioner Versus 1. The Union Of India Through Director General Of Police, Central Reserve Police Force, Department Of Home Affairs, New Delhi 2. The Inspector General Of Police, Bihar Sector, Central Reserve Police Force, Digha Complex, P.O.- Ashiyana Nagar, Patna 3. The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Jhapahan, Muzaffarpur 4. The Presiding Officer, Recruitment Cell, Bihar Sector, CRPF, Digha Complex, Patna 5. The Medical Member, Recruitment Board, Group Centre, Central Reserve Police Force, Jhapahan, Muzaffarpur …Respondents For the petitioner :Mr. Manoj Kumar Manoj For the respondents :Mr. Raghib Ahsan, ASG ----------- 03. 25.10.2011 Heard learned counsel for the petitioner and learned Assistant Solicitor General for the respondents. Petitioner was an applicant for the post of Constable/GD (Male) in Central Reserve Police Force (for short ‘CRPF’). It is his case that on clearing physical eligibility test, followed by written test, he was summoned for being subjected to Review Medical Board for his medical fitness. Petitioner appeared thereat whereafter the Medical Board found him medically unfit on account of three reasons assigned therein. Relevant document on record is at Annexure-4. Petitioner in the light of aforesaid communication, was required to file representation/appeal thereagainst after obtaining medical fitness certificate. It is further the case that he got himself examined of the aforesaid disability whereafter the doctor found the opinion of the Medical Board of the CRPF as error of judgment. Relevant documents, in this regard, have been enclosed as 2 Annexure-5 series. Petitioner has asserted that armed with medical fitness certificate(s), he filed appeal along with required fee within time. The postal receipt is on record at page 29 of the brief. It appears that respondents returned the envelope to the petitioner without opening the same. It is the case of the petitioner that he enquired the matter on telephone whereafter he was directed to resend the envelope. Petitioner thereafter again mailed the said envelope along with fresh application (Annexure-6). The authority thereafter maintained studied silence and he was not made aware of the result of the appeal. It is the case of the petitioner that delay in consideration of his appeal punctuated the petitioner to file representations before the Inspector General of Police and Dy. Inspector General of Police of the Respondent-CRPF which have yielded no result and hence petitioner has filed the present writ petition. This matter was taken up on 8.9.2011 when noticing the aforesaid submissions the matter was adjourned on the request of the learned Assistant Solicitor General to file counter affidavit. Learned Assistant Solicitor General states that in spite of his required efforts no counter affidavit has been filed in the present case. Learned counsel for the petitioner submits that the authorities were required to consider his appeal in accordance with law and the terms spelt out in Annexure-4 which was duly dispatched along with requisite documents, yet the respondents have not taken any decision thereon. Learned counsel states that 3 representation of the petitioner filed in this regard has also not been considered and disposed of. On going through the pleadings on record and after hearing the parties, this Court is satisfied that the matter be disposed of by the following order:- Let the petitioner file a detailed representation in this regard supported by all relevant documents together with a copy of the present order before the Respondent-DIG (respondent no.3) who will consider and take appropriate decision in accordance with law as quickly as possible preferably within three weeks of the receipt/communication of the order. hr ( Kishore K. Mandal )