PX Vs. U O I

JUDGEMENT

(1.) The petitioner seeks a writ of certiorari to quash and set aside the impugned order of termination dated 10th October, 1997 passed by the respondent No. 2, the Border Security Force (BSF) and for reinstatement of the petitioner to his post with full back wages, allowances, benefits and privileges and with continuity of service.

(2.) The brief facts of the case as per the petitioner are that the petitioner is a recruit of the Border Security Force and joined the forces on 16th November, 1992. Thereafter he was posted to Siliguri in West Bengal for training. On 20th July, 1995, the petitioner was informed by the AIIMS that he is HIV positive. The petitioner served in the forces till 1997 when his services were terminated on 10th October, 1997 on being tested HIV positive with 50 % disability. It is against this order dated 1 Oth October, 1997 that the petitioner has filed the instant writ petition.

(3.) The learned Counsel for the petitioner submitted as follows: