NAIK KESAR RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was employed in the Border Security Force Academy and at the relevant time was posted at Takunpur. A Medical Board examined the petitioner on 21st August 1982 and found him medically unfit. On that a notice was issued to the petitioner to show cause within 15 days as to why he be not boarded out of service. The petitioner represented against the decision of the Medical Board and on his representation a Review Medical Board was constituted and the petitioner was examined by the Review Medical Board on 4th April 1983. The Board submitted its finding and report which was received by the Director-General. BSF at Delhi. On 2nd June, 1983 the impugned order was passed and it reads as under:

(2.) On 6th 1986 the Commandant, Basic Training Centre, wrote a letter to the petitioner informing him that he had been discharged from the service with effect from 16th February 1983. The petitioner was further required to complete the pension papers which, it appears, were sent along with the said letter.

(3.) The petitioner has challenged the legality of the aforesaid orders. His contention is that he continued to serve uptill 2nd June 1983 and he was also paid his salary uptill that date and that it was only on 2nd June 1983 that vide order dated 2nd June 1983 he was boarded out of service. His further contention is that his discharge from the service with effect from 20th February 1983 (even before the date the Review Medical Board bad met and examined him) is without justification. His contention further is that he would be entitled to his 180 days of all the kind of leave due to him with effect from 2nd June 1983. Therefore, his date of discharge from service would be effective only from 2nd December 1983.