DURGA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Allowed, subject to just exceptions and as per extant rules.

(2.) The applications are disposed of. W.P. (C) No.3624/2020 & C.M. No.12914/2020 (for stay)

(3.) The petitioner joined the respondents Indo Tibetan Border Police (ITBP) on 10th June, 2014 as a Constable (GD). The petitioner, on 8th August, 2016 was advised to get a kidney transplant and on 24th June, 2017 was served with a notice by the respondents to submit his representation against the opinion of the Medical Board declaring him unfit for service. The petitioner so submitted a representation and also received a kidney transplant. The petitioner earlier filed WP (C) No.6736/2017 in this Court, challenging the notice dated 24th June, 2017 aforesaid informing the petitioner of the opinion of the Medical Board of the petitioner being unfit to continue in service, though giving an opportunity to the petitioner to represent thereagainst. By an interim order in the said writ petition, status quo was directed to be maintained and as a result whereof, the petitioner continues in service till date, in spite of three years having passed. Now, vide communication dated 19th May, 2020, the petitioner has again been notified of his dismissal from service on medical grounds, unless within 30 days gets an opinion from the requisite Medical Officer, qua his fitness.