Page No.# 1/7 GAHC010016622022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/692/2022 SURESH KUMAR S/O- LATE ATTAM LAL, DISCHARGED FROM SERVICE AS RIFLEMAN/GD (GENERAL DUTY) NO. G/5021601N FROM 44TH ASSAM RIFLES C/O-99 APO, PIN- 932041, PRESENTLY RESIDING AT RAILWAY COLONY, PATHARKANDI, SILCHAR,, DIST.- KARIMGANJ, ASSAM VERSUS THE UNION OF INDIA AND 2 ORS REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. 2:THE DIRECTOR GENERAL OF ASSAM RIFLES HEAD QUARTER MAHANIDESHALAYA ASSAM RIFLES SHILLONG MEGHALAYA-11. 3:THE COMMANDANT 44TH ASSAM RIFLES C/O- 99 APO PIN- 932041 Advocate for the Petitioner : MS. S BORA, Advocate for the Respondent : ASSTT.S.G.I., MR. U K GOSWAMI Page No.# 2/7 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 26.05.2025 Heard Ms. S Bora, learned counsel for the petitioner. Also heard Mr. UK Goswami, learned CGC for the respondents. 2. The petitioner before this Court was serving as a Rifleman/GD No.G/5021601N in the 44th Assam Rifles C/O 99 APO. Because of his medical status being brought down to low medical category i.e. S5 he was invalidated out of service with effect from 31.07.2021 vide the order dated 18.06.2021. The grievance of the petitioner is that pursuant to the order of the respondents invalidating the petitioner out of service on the medical ground, the petitioner was entitled, as per the rules, to submit an independent medical evaluation obtained from government doctors or specialists in order to seek a review of the respondents' order, in the event of being aggrieved. It is submitted that in terms of the provision, the petitioner submitted before the authorities the medical certificate dated 15.05.2021 which was obtained from the Registrar/Resident Surgeon, Guwahati Medical College and Hospital. The said document was refused by the respondents on the ground that the petitioner was invalidated Page No.# 3/7 from service due to Alcohol Dependency Syndrome (ADS), and therefore, only an appropriate certificate from the relevant specialist or department, namely, the Department of Psychiatry, would be considered. The petitioner thereafter furnished another medical fitness certificate dated 26.05.2021 from the Psychiatric Department of Regional Institute of Medical Science (RIIMS), Imphal, Manipur. It is submitted that as per the said certificate submitted by the Senior Resident, the Department of Psychiatry, RIMS, Imphal, no psychiatric disorder was found present in the petitioner and further, it was certified that the petitioner was not taking alcohol currently. This certificate, however, not being in the prescribed format and as such, the same was refused to be accepted by the respondent authorities. 3. Thereafter, the petitioner again submitted a proper certificate in the prescribed format from the Senior Residents, Department of Psychiatric, RIMS. It is submitted that as per the rules the certificate for review of the order for invalidation was required to be submitted within a period of 30 (thirty) days. The petitioner was invalidated out of service on 06.05.2021 and as such, the decision of the respondent authorities to invalidate him from service on the basis of a low medical category allowed him the opportunity to file an appropriate application for review, if he was aggrieved. This was intimated to the petitioner by communication dated 06.05.2021. Although the certificate Page No.# 4/7 from the Department of Psychiatry, obtained in the prescribed format and dated 03.06.2021, was received by the petitioner, he submitted it to the respondent authority within a period of one month from the date of receipt. However, the respondents declined to accept his prayer for review and by order dated 18.06.2021, the petitioner was invalidated out of service. 4. Learned counsel for the petitioner submits that the limited prayer of the petitioner in this writ petition is to seek direction from the Court to consider his case for review as the delay that had occurred in submitting the certificate in the prescribed format was unintentional and occurred during the Covid-19 pandemic, which contributed to the delay in submitting the application seeking review supported by medical documents. 5. The respondents have contested the claims of the petitioner by filing the affidavit. 6. The learned CGC submits that the first medical fitness certificate submitted by the petitioner was from the Department of Medicine, GMCH and which department was not the appropriate department to certify in respect of the health status of the writ petitioner who was brought to low medical category i.e. S5 because of Alcohol Dependency Syndrome (ADS). Subsequently, certificate dated 03.06.2021 issued by the Department of Psychiatry, RIMS was not Page No.# 5/7 submitted as per the prescribed format and therefore, the same could not have been accepted by the authority. Since the certificate from RIMS, dated 03.06.2021, was submitted after the lapse of 30 days from the date of receipt of the letter dated 06.05.2021, the petitioner’s case for review was not considered. 7. Having heard learned counsel for the parties and upon perusal of the pleadings available on record, it is seen from the pleadings that the petitioner is in possession of the certificate from the appropriate Department, namely, the Department of Psychiatry, RIMS regarding reevaluation in respect of his health status. From The certificate it is seen that the specialist had certified that the petitioner is not taking alcohol currently. Whether such a situation warrants a review, and consequently whether the petitioner’s case can be reconsidered in relation to his invalidation from service under the medical category, is a question that falls for consideration before this Court. 8. The communication dated 06.05.2021 clearly reveals that the petitioner may make a representation within 30 (thirty) days from the date of receipt of the letter. According to the petitioner, the said communication was received by the petitioner on 06.05.2021. The certificate, which the petitioner was relying on and which has been issued by the RIMS, the Psychiatric Department dated 03.06.2021, clearly reveals that the certificate was obtained by the petitioner Page No.# 6/7 within 30 (thirty) days from the date of issuance of the letter dated 06.05.2021. Taking into consideration the submissions made by the petitioner that during the year 2021 the country was healing from the Covid-19 Pandemic situation and therefore, as the certificate could not be submitted to the authorities within the prescribed time, this Court is of the considered view that, in light of the limited relief sought and the prevailing Covid-19 pandemic that had engulfed the nation at the relevant time, the benefit should be granted to the writ petitioner. 9. Accordingly, the petitioner will submit a fresh copy of the certificate dated 03.06.2021 issued by the Senior Resident, Department of Psychiatry, RIIMS (Annexure-7) along with all other necessary medical test reports before the respondent no.3 within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order. The respondent no.3 will review the certificate dated 03.06.2021 issued by the Senior Resident, Department of Psychiatry, RIIMS along with the other medical documents and pass a speaking order on the prayer made by the petitioner seeking review of his invalidation from service due to low medical category. The order to be passed by the respondent no. 3 shall be issued within a further period of 30 (thirty) days from the date of receipt of the medical fitness certificate dated 03.06.2021 issued by the Senior Resident, Department of Psychiatry, RIIMS along with a certified copy of this order. Page No.# 7/7 10. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant ***