APHC010384312024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE WRIT APPEAL No Between: 1. THE UNION OF INDIA, Rep. by it’s Secretary MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI 2. THE INSPECTOR GENERAL OF POLICE, CRPF, MANIPUR, NAGALAND SECTOR CRPF IMPHAL, MANIPUR 3. THE COMMANDANT, 69 BATTALION, CRPF, MANTRIPUKHRI, IMPHAL, MANIPUR 1. K SUBRAMANYAM, S/o K.A R/o D.No.1-55, NARANAGIPALLI VILLAGE, RODDAM MANDAL, ANATAPUR DISTRICT Counsel for the Appellant 1. Mr.G.ARUN SHOWRI(CENTRAL GOVT. COUSEL) Counsel for the Respondent: 1. Mr.P.S. P.SURESH KUMAR 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT APPEAL No: 790 of 2024 THE UNION OF INDIA, TO THE GOVERNMENT, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110001. THE INSPECTOR GENERAL OF POLICE, CRPF, MANIPUR, NAGALAND SECTOR, CRPF IMPHAL, MANIPUR-795113. THE COMMANDANT, 69 BATTALION, CRPF, MANTRIPUKHRI, IMPHAL, MANIPUR-795002. ...APPELLANTS AND K SUBRAMANYAM, S/o K.ANJINAPPA, ARANAGIPALLI VILLAGE, MANDAL, ANATAPUR DISTRICT. ...RESPONDENT Counsel for the Appellants: G.ARUN SHOWRI(CENTRAL GOVT. COUSEL) Counsel for the Respondent: SURESH KUMAR IN THE HIGH COURT OF ANDHRA PRADESH [3526] THE HONOURABLE SRI JUSTICE NINALA JAYASURYA TARLADA RAJASEKHAR RAO ...APPELLANTS ...RESPONDENT 2 The Court made the following Order: The appellants herein / respondents in W.P.No.18444 of 2013, aggrieved by the orders of the learned Single Judge, dated 13.02.2024, filed the present appeal. 2. The respondent / writ petitioner joined 69th battalion, C.R.P.F., Mantripukhri, Imphal, Manipur, as a Water Carrier during 2011. He was admitted into hospital on 02.07.2012 with fever and discharged on 25.07.2012. Thereafter, he continued his services till 10.11.2012 and visited with a notice issued by the Commandant / 3rd respondent, wherein it was inter alia stated that in view of the opinion of the D.I.G. (Medical) CH Imphal dated 10.11.2012, the respondent / writ petitioner is not fit for service as he is diagnosed with a chronic disease Hepatitis -B (Positive). Subsequently, the writ petitioner subjected himself for re-tests at Bangalore and also at Osmania General Hospital, Hyderabad and found Hepatitis – B (Negative). Despite the said medical reports of different hospitals, the writ petitioner could not succeed before the 2nd respondent - Appellate authority and ultimately, filed the said writ petition seeking to set aside the orders passed by the authorities. 3. The learned Single Judge expressed view that in the light of two different certificates issued by the two different hospitals, the authorities ought to have referred the petitioner for re-medical examination. While observing that the respondents failed to refer the petitioner to the medical board inter alia, the Learned Judge held that the punishment of removal from service can be imposed only after conducting a due enquiry by the 3rd respondent as 3 contemplated under Chapter-VI of CRPF, Rules, 1955, more particularly Rule 27 of the said Rules and in the petitioner’s case, no such enquiry was caused or conducted. Declaring that the action of the appellants / respondents was illegal, irrational and beyond jurisdiction and that the applicable Rules of CRPF, are not followed, the learned Single Judge set aside the orders impugned in the writ petition. While allowing the writ petition, the learned Judge directed the respondents / appellants to reinstate the writ petitioner into service with continuity of service and to pay 50% of the back wages for the period he was not in service on account of illegal termination. 4. The learned counsel for the appellants / respondents on the earlier occasions made submissions with reference to the extant Rules of CRPF. However, pursuant to the directions of this Court, dated 06.05.2025, the Composite Hospital, C.R.P.F. Group Centre Campus, Chandrayanagutta, Barkas, Hyderabad, conducted medical examination of the respondent / writ petitioner. The relevant proceedings of the Army Medical Board in Form No.4 are filed along with Memo dated 27.06.2025, the relevant portion of which reads as follows: “As per the consultation by Gastroenterologist from Osmania Government Hospital dated 04.06.2025 CR.No.3311125011145303, based on current investigations, patient doesn’t have active viral replication since HBV DNA is undetectable with positive Anti HBe status. Additionally, patient doesn’t have any active inflammation & /fibrosis of liver as suggested by normal liver enzymes and platelet count. As the patient is currently HBe Ab+ve, he has low risk of future reactivation of virus. Moreover patient requires 6 monthly evaluations with HBs Ag & LFT’s. At present there is no indication for use of antiviral drugs.” OPINION OF THE BOARD: After thorough analysis of clinical, radiological, pathological, and concerned specialist consultation remarks the Review Medical Examination Board opines that; 4 1. F.No.125140767, Rank-Ex CT/WC, Name- K.Subramanyam is a known case of previous hepatitis B infection with an adequate immune response coinciding with a significantly reduced viral load and signifying reduced infectivity with potential for recovery. 2. F.No.125140767, Rank – Ex CT/WC, Name-K.Subramanyam is presently free from any clinically, radiologically as well as pathologically significant infection and or its sequel (including active hepatitis pathology) with an undetectable viral load in a non-replicating & inactive phase suggestive of inactive carrier state. 3. F.No.125140767, Rank – Ex CT/WC, Name- K.Subramanyam requires regular evaluation and follow up by the concerned specialist in view of risk of viral activation and or its progression. Fitness or Unfitness Remarks: Review Medical Examination Board opines that; 1. As per the revised recruitment medical examination guidelines in CAPF and AR (page 7 para 6.1), the HBeAb positivity may serve as an indication of chronic hepatitis disease state and hence forms a ground for rejection of the candidate wrt employment in CAPF, if freshly recruited. 2. However, if this Review Medical examination is being carried out in continuation to his previous health care assessment within CAPF, the present disability of inactive carrier state of F.No.125140767, Rank- Ex CT/WC, Name-K Subramanyam, is to be considered under Physical Capacity factor as grade-1 i.e., P1 as per the guidelines contained in Standing order No.04/2008 page 17 para k) 7. 5. As seen from the opinion of the Board, with regard to fitness, the case of the respondent / writ petitioner is to be considered under physical capacity factor as Grade-I i.e., P1 as per the guidelines contained in Standing Order No.4/2008 Page 17 Para K), which reads as follows: Numbering Grading Functional Capacity Employability Limitations P-1 Has full functional capacity and physical stamina Minor impairment fully under control, but has full physical stamina. Fit for all duties any where Fit for all duties any where but under medical observation, having no employability restrictions. 6. Considering the latest report of the Medical Board, more particularly that the respondent / writ petitioner is free from any clinical, radiological, pathological as well as significant infection, the reason for termination of the petitioner / respondent is not sustainable and the order of the learned Single 5 Judge is just and tenable. However, as the petitioner is out of service, from the date of termination, he is not entitled to 50% of back wages and it is deemed appropriate to modify the direction regarding payment of back wages to the extent of 25%. 7. With the above modification, the appeal is disposed of. No order as to costs. Consequently, the Miscellaneous Applications pending, if any, shall also stand dismissed. _____________________ NINALA JAYASURYA, J ____________________________ TARLADA RAJASEKHAR RAO, J BLV Dt.30.06.2025 6 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.A.No: 790 of 2024 Date: 30.06.2025 BLV