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*I^A4 . covERNMENT OF NDTA J.. MINISTRY OF RAILWAYS U (RATLWAY BOARD) New Delhi, Datedi '-a7.tz.zol

N o.'2014/H/ 5/8 {Poticy). General Managers, All Indian Railn'ays. General Managers/CAOslDG, AII Production Units including RDSO.

Sub: - Consideration of appeal of non-Gazetted candidates selected for Railway employment Casesof candidates declared unfit upon medical examination.

Ref:- This ofiflrce letter of evennumber dated05.06.2014& 3l.lz.zlls. ,

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Detailed provisions for reconsiderationof adverserepods of medical examination of candidates selectedfor employment in various non-Gazettedposts in Railway Servicesand procedurefor making an appealand its disposalhave been laid down in Para 522(I) of IRMM, Third Edition, 2000. However, it was not clear from the said provisions as to who would act as the appellateauthority and what would be the maximum number of appealsthat are permittedresultinginto a numberof appealsfor reconsiderationof the caseseventhougllthey have been declaredunfit during initial medicalexamination.Someof the candidates were aiso approachingRailway Board for recbnsideration of decisionof the Zonal Railwayson their earlier appeals. There have also been instanceswhere the candidatewas declaredunfit by the initial medical examinerdue to the candidatebeing hypertensive/diabetic or visualacuity problems.Som" ,rch candidates have taken treatmentand then, within the stipulatedtime frame, submittedan appealfor reconsideration.ln such cases,it becomesreally difficult for the appellateauthorityto come to a conclusion with regardto the candidate"soriginal condition which was prevailing at the time lf initial medical examination. The appellate authoritywill be in no position to disprovethat the personhas beenadministered mediiines or hasunA".gon. surgical treatment for refractive error etc. This situation calls for a pennanent remedy by laying down a specific procedurefor examinationof candidates,considerationof their appeal in casett.y u." irli*i ""nt in the initjal mcdical examinationas also disposalof subsequent appealsby higher authorities.In view of this, a detailedpolicy guidelinewas issuedto the zonesuid" thi, office letter of evenNo. dated 05.06.2014. Though the clarification given by this office has helpedthe zone to a great extenr in deciding the casesbur someissuesrelatingto the subjectrequiredfurtherelaboration. The matter was consideredat length in Board's office and in supersession to Board,s letter of even No' d*ed 05.06.201 ,revisedguidelineswere issuedvide Board'sletterof evennumber dated3 l.lz.20ls. Flowever, arising out of Vigilarice enquiries in certain casesof medical examination and appeals, whole issuehas been re-examinedand it is felt that certainprovisions'containedin paras III, VII (A&B) of Board's letter dated 31.12'2015need to be amendedto clarifl the whole position jn.or1ronunce with the

No. II/13

@ National Federutionof Indian noimoy^rffi1 3, ChelmsfordRoad,NewDelhi. i

Dated: 05/09/2017

Copy together witlr the copies of Board's letter dated 05/06/2014 & 3t/12/2015 are forwarded to the General secretqries of affiliated [.Inions o7 NFti litr information, guidance and to deal with suclt casesaccoriingly. C/: Media Centre/NFIR,

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(Dr. M. Rughavaiah) General Secretory

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\\r provisions of IRMM 2000. Accordingly, in supersessionto all previous letters on the subject matter, ^ ^lowinginstructionsare'issued:I

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II.

Medical Examiner - Medical examinationof candidateswill be done by a Medical Officer with adequateexperience in doing medical examination who will be specially nominated by the CMO/CMS/IvID/ACMS In-charge for this purpose, imparted suitable training, and approvedby CMD/CI\{O of the zone/PU. ? If a candidate has been found to be unfit (Temporary/ Permanent) on any ground, the medical examiirer will not issue any certificate and will put up the detailed medical examination report to the CMOIMD/CMS/ACMS In-charse of the Unit/Division/Sub-division/ProductionUnit Hospital.

m.

CMO/CMSA4D/ACMS In-chargewill then constitutea Three Member Medical Committee consistingof 1) a specialistin the concernedfield of deficiency otherthan the initial medical examiner.However, if the specialistis not availablewithin the Unit/Division/ProductionUnit, a senior-doctornot below JAG would be nominated in place of a specialist2) Any medical officer other than the one who has conductedthe first medical examinationnot below the rank of DMO 3) Any senior rnedicaloffieer not below JAG.

IV.

This Three Member Medical Committee will examine the eandidatethoroughly in true spirit without any appeal preferred by the candidate. Such candidate should be admitted in indoor ward mandatorily, for observations& investigations as required by the Committee of Medical Officers. The accommodation charges etc. in this regard will be borne by the Railway Administration except for such investigations and/or consultations, which is not available inhouse, for which the charges will be borne by the candidate concerned. The Committee will submit their report to CMO/CMS/I\4DIACMS In-charge along with their opinion & speaking order regarding fitness or otherwis-ein the medical category for which he has reported for the medical examination.All reportsand relatedpapersshould be signedby the candidate(Thumb Impressionif not able to sign) with nameclearly written below the same.The candidateshould 'iI have been thoroughly examined and investigatedby the Three also sign a declaration Member Committee." CMO/CMS/N4DiACMS In-chargewill examine the report and after his approval,communicatehis decisionto the initial medical examiner,who will, in turn, issuethe fi nal medi cal exami nation certificateaccordingly Note:1. If the initial Medieal Authority or the Three-Member Committee are of the view that the medical deliciency/condition of the candidate is curable after treatment, the candidate should be declared as "TEMPORARY IINFIT' and should be advised to get treated within a time frame not exceedins six mgJqfhs.from the date of advice Jo candidate, with a written advice & cndorsing a copy to the Memo Issuing Authority. The written advice should also include that the candidate should report to initial Medical Examiner, after completion of treatment within the specified time frame. First Medical Examiner/IVledical Committee will then re-examine the candidate as the case may be and submit the report to CMS/CMO/ACMS In-charge/IVID I/C of UnitlDivisionlSub-Division for final decision. After approval of final decision CMS/CMO/ACMS In-charge/lVlD will direct first medical examiner to issue the final ' medical examination certificate as mentioned above. 2, Certificates so issued,should be sent to the concerned Personnel Branch.

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V.

In casethe bandidateabscondsor absenthimself willfully prior to/during examinationby the Three Member Medical Committee,this fact should be recordedand the decisionof the first Medical Examinerwould prevail and no further appealshall be entertainedin suchcases.

VI.

If the candidatewants to appealagainstthe decision of the Committee, he should submit the sameto CMD of the zone within a period of one month (from the date of receipt of decision from Personnel Department) with due justification routed through concerned Personnel Departmentof the zone. Such an appealshall be entertained,only if, the carrdidateproducesa in which the candidate certificatefrom a Government/Privatedoctor of the specialty/specialties has been found unfit. Such a certificate should contain a note that the Govetnment/Private specialist is fully aware of the physical & visual standardsset by the Railways for the particular medical category, and that he is awaie of the fact that the candidate has already been declared unfit according to these standards during medical examination conducted by an appropriate Medical Board comprising of three senior railway doctors appointed by the Government in this regard. The certificates should bear the photograph and mark of identification of the candidatesduly attestedby such a Government/Private Issuing Authority. Such an'issuing authority shall also clearly mention its MCI/State registrationnumber. The candidateshould clearly be advisedof this para.

VII.

In all casesof appealto CMD, chargeswill however be payableby candidateand towardsthis end a candidatewill be requiredto pay Rs.1000/-through DD payable in favour of FA&CAO of concernedzonelPU. PersonnelDeptt will retain such DDs and may get them vprified for authenticityfrom issuing branch,if there is a need.In caseof Production Units, such powers zone where for considerationof appealshall be vestedin the CMD of the neighbor-rririglparent the ProductionUnit belonsedto earlier or is currently situated.

VIII.

Where CMD is of the opinion that there should be re-examinationof the caseof appeal,he may nominatea Medical Board to re-examinethe candidate.The recommendationsof Medical Board duly approved by CMD should be communicated to the candidate through concerned PersonnelDepartment.

IX.

In case,the decisionat this stagechangesfrom Unfit to Fit, tlre DD submittedto Railway, will be returnedto the candidate.In all other case,this DD will be creditedto Railway Revenuein samehead,where medical examinationfee is being deposited.

Ordinarily, no further appeals will be permissible but exceptional cases if any DGIRHS Railway Board for necessaryguidelines.

^uy,6iinf"a ,o

AdvanceCorrectionSlip to Paru522 ( 1) of IRMM, 2000 is enclosedherewith. This hasthe approvalof Board (MS).

Joint Director /Ilealth Railway Board

Copyto:(i) Chief Medical Directors, All Indian Railways& PUs for information. (ir) Chief PersonnelOfficers, All Indian Railways& PUs for information.

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Correction Slip No. 312017 Advance Correction Slip to Para522 of Para 522 of IRMM,2000 Sub Para(l) of Para 522 of IRMM 2000 may be read as under:Medical Examiner - Medical examination of candidateswill be done by a Medical Officer with adequateexperience in doing medical examination who will bd specially nominated by the CMO/CMS/IvID/ACMS In-charge for this purpose, imparted suitable training, and approved by CMD/CMO ofthe zone/PU.

il.

If a candidate has been found to be unfit (Temporary/ Permanent)on any ground, the medical examiner will not issue any certificate and will put up the detailed medical examination report to the CMO/MD/CMSiACMS In-charge of the Unit/Division/Subd ivision/ProductionUnit Hospital.

Iil.

CMO/CMS/MDiACMS In-chargewill then constitutea Three Member Medical Committee consisting of 1) a specialist in the concernedfield of deficiency other than the initial medical examiner. However, if the specialist is not available within the Unit/Division/ProductionUnit, a seniordoctor not below JAG would be nominatedin place of a specialist 2) Any medical officer other than the one who has conducted the first medical examinationnot below the rank of DMO 3) Any senior medical officer not below JAG.

[V:

This Three Member Medical Committee will exarnine the candidatethoroughly in true spirit without any appeal preferred by the candidate. Such candidate should be admitted in indoor ward mandatorily,for observations& investigationsas required by the Comrnittee of Medical Officers. The accommodationchargesetc. in this regard will be bome by the Railway Administration except for such investigationsandlor consultations,which is not available in-house,for which the chargeswill be borne by the candidateconcerned,The Committee will submit their report to CMO/CMSA4D/ACMS In-chargealong with their opinion & speakingorder regardingfitnessor otherwisein the medical categoryfor which he has reported for the medical examination.All reports and related papers should be signed by the candidate(Thumb Impressionif not able to sign) with name clearly writton below the same. The candidateshould also sign a declaration "l have been thoroughly examinedand investigatedby the Three Member Committee." CMO/CMS/MD/ACMS Incharge will examine the report and after his approval, communicate his decision to the initial medical examiner, who will, in tum, issue the final medical examination certificate accordingly. Note:1 1. If the initial Medical Authority or the Three-Member Committee are of the view that the medical deficiency/condition of the candidate is curable after treatment, the candidate should be declared as "TEMP.ORARY UNFIT' and should be advised to get treated within a time frame not exceedins six months fronl the date of advice to candidate, with a wriffen advice & endorsing a copy to the Memo Issuing Authority. The written advice should also include that the candidate should repor"t to initial Medical Examiner, after completion of treatment within the specified time frame. First Medical Examiner/lVledical Committee will then reexamine the candidate as the case may tre and submit the report to In-charge/lVlD I/C of UnitlDivision/Sub-Division for final i. CMS/CMO/ACMS

decision. After approval of final decision CMS/CMO/ACMS In-charge/lVlD will direct lirst medical examiner to issue the final medical examination certificate as mentioned above. 2. Certificatbs so issued,should be sent to the concerned Personnel Branch. ?

V.

In gasethe candidateabscondsor absenthimself willfully prior to/during examinationby the Three Member Medical Committee,this fact shouldbe recordedand the decisionof the first Medical Examiner would prevail and no further appeal shall be entertainedin such cases.

VI.

lf the candidatewants to appealagainstthe decision of the Committee, he should submit the same to CMD of the zone within a period of one month (from the date of receipt of decision from Personnel Department) with due justification routed through concerned Personnel Department of the zone. Such an appeal shall be entertained, only if, the ca,ndidate produces a certificate from a Government/Private doctor of the specialtylspecialtiesin which the candidate has been found unfit. Such a certificate should contain a note that the Government/?rivatespecialist is fully aware of the physical & visual standardsset by the Railways for the particular medical category, and that he is aware of the fact that the candidate has already been declared unfit according to these standards during medical examination conducted by an appropriate Medical Boaid comprising of three senior railway doctors appointed by the Govemment in this regard. The certificates should bear the photographand mark of identification of the candidatesduly affestedby such a Government/PrivateIssuing Authority. Such an issuing authority shall also clearly mention its MCI/State registrationnumber.The candidateshould clearly be advisedof this para.

vu.

In all casesof appealto CMD, chargeswill however be payableby candidateand towards this end a candidatewill be required to pay Rs.l000l tlrrough DD payable in favour of FA&CAO of concernedzone/PU.PersonnelDeptt witl retain such DDs and may get them verified for authenticityfrom issuingbranch,if there is a need.In caseof ProductionUnits, such powers for consideration of appeal shall be vested in the CMD of the neighbouring/parent zone where the Production Unit belonged to earlier or is currently situated.

VIII.

Where CMD is of the opinion that there should be re-examinationof the caseof appeal,he may nominate a Medical Board to re-examinethe candidate.The recommendationsof Medical Board duly approvedby CMD should be communicatedto the candidatethrough concernedPersonnelDepartment. i

IX.

In case,the decision at this stagechangesfrom Unfit to Fit, the DD submittedto Railway, will be returned to the candidate.In all other case,this DD will be credited to Railway Revenuein samehead,where medical examinationfee is being deposited.

Ordinarily, no further appeals will be permissible but exceptional cases if any may be reftrred to DG/RHS Railway Board for necessaryguidelines.