R.S.A.No. 4356 of 2009(O&M) 1 In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 4356 of 2009(O&M) Date of decision: 26.4.2011 SPO Mohan Lal ......Appellant Versus State of Punjab and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.S.Khaira, Advocate, for the appellant. Mr. Satish Bhanot, Addl.A.G.Punjab. **** SABINA, J. Plaintiff had filed a suit for declaration challenging the order dated 24.5.2002. The case of the plaintiff, in brief, was that he was serving as Special Police Officer (SPO for short) in Punjab Police Force since 27.3.1996 under the control and supervision of defendant No.4. The plaintiff was selected as a Constable vide letter dated 1.2.1998 and was sent for medical check up after character verification. R.S.A.No. 4356 of 2009(O&M) 2 However, the plaintiff met with an accident and suffered a fracture of his right leg. The plaintiff remained admitted in Christian Medical College and Hospital, Ludhiana (CMC for short) under treatment from 11.11.2000 onwards. The plaintiff was declared medically fit by the hospital on 17.5.2002. Thereafter, without calling the plaintiff for medical examination, he was informed vide the impugned order that he had been declared medically unfit by the Chairman, Medical Board vide memo dated 13.5.2002. It was averred by the plaintiff that in fact, he had not been medically examined by the Board and hence, the impugned order was liable to be set aside. Defendants, in their written statement, averred that the plaintiff was enlisted as S.P.O. on daily wages and was enrolled as Constable. Plaintiff was directed to appear before the Chairman, Medical Board, P.A.P. Jalandhar for medical check up vide memo dated 4.12.2000. However, the plaintiff met with an accident and his right leg was badly fractured. Plaintiff was discharged from CMC, Hospital on 21.11.2000. Plaintiff was despatched from Police Lines, Gurdaspur vide DDR No. 26 dated 1.5.2002 and was examined by the Medical Board. Plaintiff was declared medically unfit for enlistment as a Constable and thereafter the impugned order was passed. On the pleadings of the parties, following issues were framed by the trial Court:- “1. Whether the plaintiff is entitled to declaration as prayed for ? OPP. 2. Whether the plaintiff is entitled to mandatory injunction prayed for ? OPP. R.S.A.No. 4356 of 2009(O&M) 3 3. Whether the suit is not maintainable in the present form ? OPD 4. Whether the Civil Court at Gurdaspur has no jurisdiction to the present suit? OPD 5. Relief.” The Civil Judge (Sr.Divn.) dismissed the suit of the plaintiff vide judgment and decree dated 16.11.2004. Aggrieved by the said judgment and decree, plaintiff preferred an appeal and the same was also dismissed vide judgment and decree dated 22.12.2008 passed by the Additional District Judge. Hence, the present appeal by the plaintiff. Learned counsel for the appellant has submitted that the plaintiff had gone for medical check up on 17.5.2002 and hence, the stand taken by the defendants that the plaintiff had been declared medically unfit by the Board on 13.5.2002 was falsified. Learned counsel showed DDR No.19 dated 17.5.2002 (during the course of arguments) to support his argument. Learned State counsel, on the other hand submitted that the plaintiff was duly examined by the Medical Board and was found unfit for enlistment as a Constable. After hearing learned counsel for the parties, I am of the opinion that the present appeal is devoid of any merit and deserves dismissal. The impugned order dated 24.5.2002 reads as under:- “The approval granted vide this office order No.11479-501/CB-PC dated 2.8.2001 in respect of SPO Mohan Lal No.196/GS (mentioned at Sr.No.80) regarding R.S.A.No. 4356 of 2009(O&M) 4 his enlistment as Constable in I.R.Bn. is hereby withdrawn as he is declared medically unfit vide Chairman, Medical Board, P.A.P. Campus, Jalandhar Cantt's office Memo No.152 dated 13.5.2002. The Regtl No.IRB-4/792 allotted to him may be treated as vacant.” Although the plaintiff was declared medically fit by the CMC Hospital, Ludhiana yet the plaintiff was required to be examined by the Medical Board to the effect that as to whether he was fit to be enlisted as a Constable. A perusal of DDR No.19 dated 17.5.2002 reveals that on the said date, the plaintiff had reported back after he had left on 1.5.2002 at 12.10 p.m for medical examination. Hence, the argument raised by learned counsel for the appellant that in fact, the appellant had left for medical examination on 17.5.2002 is without any basis. Both the Courts below, after appreciating the evidence led by the parties on record, have given a finding of fact that the plaintiff was examined by the Medical Board and was found unfit for police service. Since the plaintiff had not been found medically fit for the job, the Courts below had rightly dismissed the suit filed by the plaintiff. No substantial question of law arises in this regular second appeal, which would warrant interference by this Court. Accordingly, the same is dismissed. (SABINA) JUDGE April 26, 2011 anita