LAWS(CAL)-2017-7-88

MINTU MONDAL Vs. UNION OF INDIA & ORS.

Decided On July 05, 2017
Mintu Mondal Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) Under challenge in this writ petition is the action of the respondents-Border Security Force (for short BSF) removing the petitioner from his service as Constable (General Duty) w.e.f. 10th August, 2015 on the ground that since the petitioner has been found to be 'color blind', he was no longer fit to be in the service of BSF. Accordingly, Rule 25 of the BSF Rules, 1969 read with the BSF Act, 1969 was applied and the order of removal took effect on the 10th of August, 2015.

(2.) Mr. Pratik Dhar, Ld. Senior Counsel appearing for the writ petitioner submits that the petitioner was found to be provisionally selected for the post of Constable (General Duty) in the BSF upon successful completion of all stages of the selection process on 8th April, 2013. Such selection process involved a Detailed Medical Examination (DME) upon which the petitioner was found to be fit. Thereafter the credentials of the petitioner were verified and the petitioner was confirmed in the service of the BSF.

(3.) A show-cause notice dated 28th August, 2014 was issued to the petitioner while in service at Mizoram which, inter alia, conveyed the intimation that in terms of the opinion of the medical board constituted on the 8th of July, 2014 the petitioner was found to be 'color blind' and therefore unfit to discharge duties as constable. The petitioner was given the option for appearing before a review medical board to reassess his alleged 'color blindness'. Even the review medical board set up at the request of the petitioner confirmed his 'color blindness' upon which his name was struck off the rolls.