KAMLESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred by the petitioner seeking quashing of order dtd. 13/5/2016 vide which his services have been terminated on the recommendations of the Invalidation Medical Board.

(2.) The facts giving rise to the present petition are that petitioner was working as Head Constable ("HC')/GD in Indo Tibetan Border Police (ITBP) since 28/2/1992. On 17/6/2015, he was served with a Memorandum dtd. 28/5/2015 mentioning that he is completely and permanently incapacitated for further service of any kind in the department on account of indulgence in drugs and drinks and has been suffering from 'Alcohol Dependence Syndrome".

(3.) According to petitioner, his Invalidation Medical Board was conducted on 13/8/2013. His health condition though was shown improved vide medical examination dtd. 22/2/2014, despite this, his next medical examination was conducted on 6/2/2015, however his condition was static. Yet again, after 19 days, his medical examination was conducted on 25/2/2015. The status of above Invalidation Medical Board is as under: