DIKUMONI DAS Vs. UNION OF INDIA.

JUDGEMENT

(1.) Heard Mr. S. Chakraborty, learned counsel for the writ petitioner and Mr. D.C. Borah, learned CGC who appears for all the respondents.

(2.) By filing this writ petition, the petitioner has challenged the impugned order dated 19.10.2013 (Annexure - 9) by which he has been terminated from service with immediate effects under Rule 25 of the Border Security Force Rules, 1969 (BSF Rules of 1969) without any financial benefit and also the impugned order dated 03.01.2014 (Annexure - 11) by which, the Appellate Authority rejected his appeal by affirming the earlier order dated 19.10.2013.

(3.) The petitioner was selected and recruited as Constable under the Border Security Force (BSF) and accordingly, he was offered appointment vide communication dated 29.10.2011 (Annexure - 2). The petitioner joined the post in terms of the offer of appointment and he was posted at Jalpaiguri, West Bengal for training. While he was undergoing the training, he suddenly became unconscious on 28.10.2012 and as a result, the authorities took him to the Subsidiary Training Centre (STC) BSF Hospital and he was advised to take rest w.e.f. 29.10.2012. The petitioner was under treatment from 30.10.2012 to 05.11.2012 whereafter, he was referred to North Bengal Medical Hospital for better treatment. The petitioner was advised to undergo MRI test of his brain and accordingly, he underwent the test on 05.11.2012. He also underwent another MRI test on 08.11.2012. According to the petitioner, as per the two tests, no abnormality was found in him. He, however, received a show-cause notice from the DIG and Commandant STC BSF, North Bengal on 23.02.2013 (Annexure - 5), which stated that the petitioner on being produced before the Board of Medical Officers held on 18.01.2013, was awarded Low Medical Category 'S1H1A1P5E1' w.e.f. 18.01.2013 since he was suffering from 'Seizure Disorder'. He was therefore considered to be unfit for service in the BSF. The petitioner thus was asked to show-cause within a period of 15 days from the date of receipt of the notice as to why his services should not be terminated on the ground of physical unfitness. The petitioner responded to the show- cause notice under his letter dated 09.03.2013 wherein he stated that he did not agree with the opinion of the Medical Board and consequently, he was produced before the Review Medical Board on 18.09.2013. The Review Medical Board however also opined that the petitioner was unfit for further service in BSF and awarded Low Medical Category 'S1H1A1P5E1' as he was suffering from 'Seizure Disorder'.