UNION OF INDIA Vs. ABU JAHER

JUDGEMENT

(1.) We have heard Mr. P. K. Biswas, learned Assistant S. G. with Mr. S. Bhattacharjee, learned counsel for the ap- pellants and Mr. S. Kar Bhowmik, learned counsel for the respondent.

(2.) This appeal is directed against the judgment and order dated 14.02.2001 passed by learned Single Judge in Civil Rule No. 249/1995 setting aside the order dated 24.3.1995 of Additional D.I.G., Commandant STC BSF, Churachandpur, whereby the writ petitioner/respondent herein was discharged from service on the ground that he alongwith three others were likely to be not efficient members of the Force.

(3.) In order to appreciate the present writ appeal, it is necessary to give in short the relevant facts. The respondents herein with reference to the advertisement published in the local daily dated 23.5.1994 after facing interview at Shalbagan Border Security Force Headquarter (in short called 'BSF') and after extensive medical examination was declared successful and was allowed to join as Constable (GD) in Border Security Force w.e.f. 27.8.1994 and was sent for statutory training Before completion of one year, in the medical examination of the large number of trainees, the writ petitioner was found suffering from varicose veins (left leg). His ailment was also referred to the Senior Medical Officer and thereafter before the Commandant, ho, after taking into consideration the physical examination report and medical opinion of Chief Medical Officer, arrived at a conclusion that the writ petitioner and other three persons were not likely to become efficient members of the Force due to their physical/medical deformity noted in their reports, as such, the order impugned dated 24.3.1995 was passed by the Commandant, which was challenged in Civil Rule No. 249/1995.