RAVINDER Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed challenging the show cause notice dtd. 27/5/2020 and order dtd. 16/6/2020 passed by the DIG, SHQ BSF Jalpaigudi vide which the petitioner was retired from service and orders dtd. 10/8/2021 and 2/11/2020 vide which the representation preferred by the petitioner against the order dtd. 16/6/2020 and subsequent representation dtd. 15/10/2020 was rejected.

(2.) Learned counsel for the petitioner states that vide the impugned orders, the petitioner was dismissed from service on the grounds of unsuitability without following relevant rules and guidelines prescribed vide circular issued by the Director General of the BSF bearing number 13/46/2016-Estt/BSF/4406-756 in March 2017. He emphasises that the rules stipulates that only the incorrigible or those who have outlived their utility and the capacity for work or found beyond redemption may be dismissed. He contends that on the other hand, the petitioner performed well in the APAR period ending on 31/3/2020 and was marked as good. He points out that despite showing improvement, the petitioner was retired vide impugned order dtd. 16/6/2020.

(3.) He states that the guidelines further prescribe that conduct of an individual should be measured for a period of at least three to four years rather than one to two years for accessing a case of retirement on the grounds of disability. It is his contention that the petitioner's case was accessed for a period of less than three years and instead of giving adequate chances, the petitioner was dismissed.