HC KASHINATH YADAV Vs. BORDER SECURITY FORCE

JUDGEMENT

(1.) Petitioner has been retired from service on medical invalidation. He assails this and wants to be reinstated in service.

(2.) A Head Constable in the BSF, the petitioner was enrolled sometime in 1970. He enjoyed High Medical Category "AYE" till 1995 when he was placed in Low Medical Category "CEE-T" for some mental depression., He remained in this till 1998 when he was upgraded to "BEE-T" category,- He also claims that he was assessed fit by the private doctor at Amritsar and was also categorised "BEE-T" in the Annual Medical Examination of 25.3.2000 and as such was fit to be retained in service. But he was surprisingly issued a notice dated 28.4.2000 for retirement on medical invalidation on account of having been placed in low medical category "EEE" and was required to make a. representation against this within 15 days from receipt of notice to DIG, Firozpur. The finding of the Medical Board was not, however, communicated to him and while the period for making representation had yet to expire, respondents had passed order dated 13.5.2000 to retire him from service. This, according to him, was vilative of Rule 25 of BSF Rules and respondents' own annual medical examination report dated 25.3.2000 which had placed him in a higher category of "BEE" entitling him to be, retained in service.

(3.) Respondents' stand is that petitioner was diagnosed as suffering from Schizophrenia Bipolar Disorder-I for which he was treated and admitted in hospital on three occasions. He was eventually put before the Medical Board on 15,3,2000 which placed him in low medical category "EEE" and declared him unfit for service. He was accordingly put on notice on 28.4.2000 which he received on the same day and was asked to make a representation within 15 days under Rule 25 (4) which he failed to make till 12,. 5.2000,, Consequently, order dated 13,5.2000 was passed to retire him from service on medical invalidation with pensionary benefits.