DEVENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) 03/01/2012 Challenging the order passed by the respondents terminating his services, petitioner had filed this writ petition in the year 1998. The order of termination has been filed by the petitioner and is dated 27.6.1997. Appeals and revision filed against the termination order have also been rejected and, therefore, petitioner has filed the writ petition.

(2.) RECORDS indicate that petitioner was appointed as a Constable in the Central Reserve Police Force, sometime in November 1996. On 31.1.1997, he was sent for training to Headquarter at Bhopal and from there to the Training Institute at Srinagar, where he joined training on 19.2.1997. It is the case of the petitioner that he was found fit medically for discharging duty in the Force, but all of a sudden vide letter - Annexure A/1 dated 27.6.1997, without disclosing any reason, his service was terminated. He, therefore, representation vide Annexure A/2, which was also rejected on 8.12.1997 vide Annexure A/3, and now when no action was taken, this writ petition has been filed.

(3.) RESPONDENTS have brought on record the medical report dated 23.6.1997 alongwith Appendix B, C and D, which indicate that petitioner Devender Singh, on medical examination, is found to be 3 suffering from 'Knock Knee' and is declared permanently unfit for service in the Force. From the records, it is clear that petitioner's services have been terminated as he was suffering from a disability (Knock Knee), which prevented his continuation in the Force and once the medical opinion indicates that the petitioner is medically unfit to work in the Force, this Court cannot in ignorance of the medical report interfere in the matter. There is nothing available on record to indicate as to how and on what reasons the medical report should be rejected. The medical reports i.e... the first medical report and the second opinion, are by Senior Doctors and Medical Board of the Force and there is nothing available on record to disbelieve the same.