JITENDER KUMAR Vs. UOI

JUDGEMENT

(1.) THE petitioner was enrolled as a Constable in BSF on January 29, 1997 and before he could be confirmed, during training, it was noticed by the superior officers that the petitioner was unable to distinguish between red and green colour. He was medically examined by a Board of Specialists on August 27, 1987 and was opined to be colour blind. The Commandant issued a show-cause notice on September 01, 1997 requiring petitioner to respond to the proposed action i.e. the action to discharge the petitioner from service before he was confirmed, to which petitioner sent a response. By way of a precautionary measure, the Commandant got the petitioner medically re- examined by a Board of competent doctors on February 09, 1998, who confirmed the earlier opinion of the petitioner being colour blind resulting in the petitioner being discharged from service, before he was confirmed, vide order dated May 16, 1998.

(2.) IT is firstly urged by learned counsel for the petitioner that in view of sub-rule (4) of Rule 25 of the BSF Rules 1969 the petitioner could not be discharged from service unless an officer superior to the Commandant got the matter referred to a Review Medical Board in terms of sub-rule (5) of Rule 25 and passed a further order.

(3.) SUFFICE would it be to state that once the Commandant exercises power under sub-rule (3) of Rule 25 to discharge or retire an enrolled Constable of BSF, sub-rule (4) comes into play by giving an opportunity to the person concerned to make a representation within 15 days to the next superior officer.