RANJEET KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred by the petitioner seeking quashing of orders dtd. 24/7/2020 and 16/12/2020; vide which he has been terminated from service.

(2.) The case of the petitioner is that pursuant to respondents inviting applications, he applied for the post of Constable in Central Armed Police Force (CAPF) and after being successful in the written examination; he appeared for medical examination before the Medical Board at FTR, HQR, SSB, Patna, wherein he was found unfit on the ground of 'Hydrosol Rt Testis'. However, the petitioner was re-examined by the Appellate Medical Board and was found fit for service and was accordingly selected in the recruitment process and provisionally appointed to the post of Constable/GD vide letter No.E-32023/ES/Appoint letter/ Joint Recruit/ Constable-2011/ 2017-5963 dtd. 30/5/2014.

(3.) Further averred by the petitioner that he received a Show Cause Notice dtd. 3/12/2016 alleging that he had suppressed the fact of having 'Defective Colour Vision' when he appeared for medical examination in Jaipur and got Shape-1 certificate. In his reply to the aforesaid Show Cause Notice, petitioner stated that according his medical examination of the year 2015-16, he was in Shape-I category; that the report of Annual Medical Examination of the year 2015 was never supplied to him; and only by virtue of this Notice, he has been informed that he is suffering from 'Defective Colour Vision'. Thereafter, respondents vide order dtd. 24/10/2016 cancelled the confirmation of his probation period. In furtherance to Show Cause Notice dtd. 3/12/2016, respondents vide order dtd. 2/2/2017 imposed penalty of deducing 03 days' salary and he was sent for medical examination on 29/9/2018, wherein the Medical Board placed him in Shape-2 category for a period of two years. Thereafter, petitioner appeared before the Eye Board (RME) IG, Medical, Composite Hospital, CRPF, Jharoda Kala and he was put under Shape-5 category.