PARRMAR MAHENDRA KUMAR KONABHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner, who was enrolled in the Border Security Force (BSF) on 15/4/2008 as a Constable and was dismissed from service on 10/2/2017, assailing the Order dtd. 15/9/2017, whereby his Statutory Petition under Sec. 117(2) of the BSF Act, 1968, filed before the Director General (DG), BSF against the Order of dismissal from service dtd. 10/2/2017, passed by the Summary Security Force Court (SSFC), was dismissed. The petitioner has also prayed for setting aside of the SSFC proceedings, the findings thereof, and the sentence imposed on the petitioner.

(2.) The petitioner has impleaded the Union of India as respondent no. 1, the Director General, BSF, New Delhi as respondent no. 2, the Commandant 5th Battalion (Bn.), BSF, Amritsar, Punjab, and Inspector S.S. Bhosle from 5th Battalion (Bn.), BSF, Amritsar, Punjab, as respondent no. 3 and 4, respectively.

(3.) To set the stage for adjudication, it will be apposite to first elucidate the factual framework of the present case. The petitioner joined the BSF as a Constable on 15/4/2008. In November, 2013, he was posted to the 5th Bn. at Dantiwada, Gujarat. On 28/3/2016, while on leave, he met with an accident and sustained a fracture in the 'Right Olecranon'. The petitioner underwent surgery for the aforesaid injury at the Civil Hospital, Ahmedabad, however, the same was not completely successful. As the petitioner was not fit for SHAPE-I Medical Category, he was placed in the Low Medical Category S1H1A2(U)(T-14) P1E1 (for six-months) with effect from 28/6/2016 till 15/12/2016.