JANG BAHADUR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS were appointed as constables in the Border Security Force. They have been served with a notice for Medical Board out. It has been found on their examination by the Medical Board that they are suffering from ailments as such are not fit to be retained in the border Security Force service. Board proceedings have been initiated against them which have been approved by the competent officers. On the basis of these proceedings respondents propose to board out them from service with invalid pension as admissible under rules. Through a notice they have been asked to show cause why the proposed action may not be taken against them. Notices further provide that in case they fail to show any cause it would be presumed that they have got nothing to put forward and the decision as mentioned in the notice will be final in this regard.

(2.) THE petitioners are aggrieved of the proposed action of the respondents and have prayed for quashment of the said show cause notice, The petitioners further pray that in case respondents find that the petitioners are not fit for the regular job they may be given sheltered appointment under the provisions of the persons with disabilities (Equal Opportunites, Protection of Rights and full Participation) Act, 1995.

(3.) THE main obstacle in granting a shelter appointment to the petitioners are the two notifications issued by the government of India dated 10th September, 2002 by means of which the Boarder Security Force has been alongwith other services, exempted from the said Act. In view of this the petitioners have prayed for quashment of these notifications also.