Gaurav Bank Awat vs S Radha Chauhan SECRETARY M/O PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS on 30 October 2026

1. The present Contempt Petition has been filed alleging willful disobedience of the order of this Tribunal passed in the associated OA on 01.12.2022, upheld by the Hon'ble High Court of Delhi vide order dated 14.03.2023 in W.P.(C) 3075/2023.

2. Pursuant to notice, the respondents have filed compliance affidavit followed by another compliance affidavit filed on 13.07.2026.

3. The petitioner, who appears in person, invites our attention to para 10 of the Tribunal's order dated 01.12.2022, which reads as under:- "10. In view of the aforesaid facts and circumstances, the impugned orders dated 04.08.2016 (Annexure A-2) and 16.12.2016 (Annexure A-1) are quashed and set aside. The O.A. is allowed with a direction to the respondents (the competent authority) to constitute an independent medical board under the Ministry of Health & Family Welfare, Government of India, with one member being a senior doctor from All India Institute of Medical Sciences, New Delhi, who will be a subject specialist and will analyze and assess the medical condition of the applicant, particularly in light of the fact that the applicant is discharging his duties as a Civil Servant for the state of Rajasthan. It is needless to say that if the applicant is found fit; he shall be given offer of appointment. The applicant shall be entitled to all consequential benefits including seniority. The respondents are directed to complete the aforesaid exercise within a period of eight weeks from the date of receipt of a copy of this order."

4. Paras 7 & 8 of the order/judgment dated 14.03.2023 of the Hon'ble High Court of Delhi in the aforesaid writ petition read as under:- "7. Surely, in view of the above, the findings of the Medical Boards that the respondent is unfit for Central Civil Services requires a relook. That is only possible if a direction is given for fresh examination of the respondent.

8. We may state here it is not the case of the petitioners that the Medical Boards at Safdarjung Hospital and also at Smt. Sucheta Kriplani Hospital were made privy to the result of the Medical Board conducted by the Government of Rajasthan while appointing the respondent."

5. The petitioner, who appears in person, further invites our attention to a communication dated 02.05.2023, purported to have been passed in compliance of directions of this Tribunal wherein at the end of the document, it is recorded by the concerned Medical Board/Doctor:- "As per Civil Services Examination Rules-2022 Gazette notification dates 2nd February, 2022, F.No. 13018/04/2021-AIS(1). He is eligible for Jobs Identified under functional classification Both Legs (BL) & Physical requirement of S, SE, H, PW & C."

6. To clarify the position, the respondents have filed another compliance affidavit on 13.07.2026.

7. Sh. Jalaj Agarwal, learned standing counsel for the respondents, invites our attention to a communication dated 18/19.05.2023 written by the Department of Personnel and Training to the Chairman, Central Standing Medical Board, Atal Bihari Vajpayee Institute of Medical Education and Research, Dr. Ram Manohar Lohia Hospital, New Delhi, para 4 of which reads as under:- "4. You are, therefore, requested to provide the opinion of Review Medical Board in the instant case on the basis of CSE Rules- 2015. The original Medical Report of Shri Gaurav Bankawat (CSE- 2015, Roll No. 30094, Rank: 1023) is being returned herewith. A copy of the relevant portion of CSE Rules- 2015 and the proforma for Medical Examination Report is also enclosed for reference."

8. On the other hand, petitioner, who appears in person, submits that the report enclosed with communication dated 05.06.2023 which the respondents have stated to receive in response to their communication dated 18/19.05.2023, contains only a photocopy of what was earlier given by the Medical Board vide its communication dated 02.05.2023, inasmuch as, the findings therein are of 27.04.2023 and those of the subsequent report dated 05.06.2023 are also of 27.04.2023, the only exception is that in the report dated 02.05.2022, the petitioner has been declared to be eligible for jobs identified under functional classification Both Legs (BL) and physical requirement in terms of Civil Services Examinations, Rules-2022, whereas in the report dated 05.06.2023, there is no report of the concerned Medical Board with regard to the applicant being found eligible or not for the services on the basis of CSE Rules-2015. He submits that once the report itself has not been the report which was favorable to the petitioner and received by the respondents, vide the Medical Board's communication dated 02.05.2023 and was not in terms of relevant CSE Rules-2015, it was mandatorily required for the respondents to have the clear cut certificate from the said Medical Board with regard to the petitioner's eligibility on the basis of CSE Rules- 2015. At this stage, the petitioner, who appears in person, submits that such act and omission on part of the respondents is nothing but to harass the petitioner and to defy the directions of the Tribunal in place of implementing the directions in letter and spirit.

9. At this stage, Sh. Agarwal, learned standing counsel for the respondents, seeks and is allowed four weeks' time as a last opportunity in order to enable the respondents to take opinion of the Central Medical Board in the letter and spirit in terms of their own communication dated 18/19.05.2023 and to pass necessary order and one week thereafter to file an affidavit indicating full compliance of directions of the Tribunal.

10. Re-notify on 11.12.2026 as 'Part heard'.

11. At the request of the parties, order dasti.

Sanjeeva Kumar Member (A) R. N. Singh Member (J) Akansha Soni ( steno 'd' )