MANVIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) An order of dismissal dated 19.08.1996 is the subject matter of the writ petition, which reads thus :-

(2.) The basic fact of the matter is not in dispute. The petitioner herein was serving in the Border Security Force ( in short, 'BSF' ). He while on duty in Jammu & Kashmir area fell down from the slope of a hill and sustained injury in his spinal cord. He reported to the Force Hospital, but as his pain continued, he was advised by the Doctors to go on leave and take complete rest as disc of his spinal cord has dislocated. He was granted Earned Leave for two months from 01.02.1996 to 01.04.1996. During the leave period, he got himself admitted in L.N.J.P. Hospital, New Delhi wherefor he submitted medical certificate issued by the said Hospital from 03.04.1996 to 10.07.1997. However, as allegedly his frequent journeys from Bulandshahar to New Delhi were creating hurdle in improvement of his condition, he got himself treated in Misra Clinic, which was near his home, from 10.07.1996 to 30.09.1996. His disease was diagnosed by the Doctors as 'Protapsed Intervaletral Disc'. and he was asked to take complete bed rest because even a slight movement of the body could have caused more problem. He, however, received the impugned letter on 19.08.1996 in terms whereof he was intimated that he had been dismissed from services from the said date. The petitioner preferred an appeal thereagainst, but he received np reply.

(3.) It is not in dispute that prior to issuance of the said order, neither any enquiry was held nor the petitioner got an opportunity of hearing.