SAYEN ALI Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) The petitioner was selected as a temporary staff in the Border Security Force on 14th July, 2003 (hereinafter referred to as the said force). Thereafter by the letter dated 25th July, 2003 the Commandant of the said force intimated the petitioner that he was found medically fit by the recruitment authority at Narayanpur and he was appointed as Constable (General Duty) in BSF at Kalyani. The petitioner was also informed that he was entitled to pay and allowances from the date of his joining and the petitioner was allotted BSF Regimental No.03100164.

(2.) Feeling aggrieved by and dissatisfied with impugned order the petitioner made a petition under Rule 28A of the said Rules on 8th August, 2005 praying for withdrawal of the impugned order and reinstate him in service forthwith. The said application was rejected by the impugned order dated 28th October, 2005. Challenging the same the petitioner previously filed a writ petition being WP No.19624 (W) of 2005 and during the pendency of the said application the impugned order was passed against which the petitioner did not move before this Hon'ble Court earlier. Therefore, challenging the impugned order the petitioner again filed the present writ petition for cancellation of the impugned order dated 19th February, 2004, 11th May, 2005 and 28th October, 2005 passed by the respondent authorities being annexure P2 herein.

(3.) Mr. Amal Baran Chatterjee, learned senior Counsel appearing for the petitioner submitted that findings of the review medical board have not been disclosed by the respondent authorities in the affidavit filed by them.