SURENDER (EX CONSTABLE) Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to seek quashing of the order dated 02.11.2018, as well as the order dated 23.07.2018 passed by the respondents under Rule 25 of the BSF Rules, 1969. By the earlier order dated 23.07.2018, the petitioner was retired from service on the ground of his physical unfitness w.e.f. 23.07.2018 under Rule 25 of the BSF Rules, 1969 without any pensionary benefits, as he had not completed 10 years of qualifying service. The subsequent order dated 02.11.2018 was passed on the petitioner's representation submitted to the Inspector General, BSF, wherein the petitioner sought reinstatement in service by placing reliance upon the medical certificate issued by Pt. B.D. Sharma PGIMS, Rohtak, Haryana.

(2.) The brief facts are that the petitioner was enrolled in the BSF as Constable (GD) ON 27.11.2012. At the relevant time, he was serving in the 157 Battalion. The petitioner was produced before the duly constituted Medical Board held at Composite Hospital, BSF, Jodhpur on 19.03.2018 for examination of his medical fitness for efficient discharge of duties as Constable (GD). After medical examination, the Medical Board placed the petitioner in low medical category S5H1A1P1E1 with 59% disability due to the Bipolar Affective Disorder (BPAD) and declared him medically unfit for further service in the force. The proceedings of the Medical Board were approved by the Competent Authority on 09.05.2018. Consequently, the petitioner was issued a show cause notice under Rule 25 of the BSF Rules, 1969, which reads as follows:

(3.) The show cause notice, inter alia stated as follows: