ANIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petitioner was appointed as a constable after due selection under Indo -Tibetain Border Police Force. The offer of appointment is contained in annexure -A. The petitioner thereafter reported for training on 24.10.2003 and was attached with 12th Battalian On 24.10.2003 he complained of fever and therefore was admitted to the Academy Hospital on 28.3.2003. When he did not respond to the treatment he was referred to Doon Hospital, a Government Hospital. The doctors carried out investigation and from the reports it was established that the petitioner was suffering from Pleural Effusion i.e. Tuberclosis. After four to five days stay in Doon Hospital the petitioner was sent to home.

(3.) THE petitioner has challenged the order on the ground that after his return he himself verified from the local medical practitioner but nothing of the kind, according to him, was found. He ought to have been placed before the Medical Board for confirmation as to whether the petitioner was suffering from the said disease but no step was taken in this regard. No enquiry or opportunity was given to him also before the order impugned was passed.