RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) It is contended by learned counsel for the petitioner that the petitioner a Constable (GD) while undergoing BRTC course fell ill and was diagnosed to be suffering from "Seizure disorder" and was advised medication and avoid using arms and ammunition, night duty and swimming. It is also contended that after recovering from the illness he was declared fit for undergoing the BRTC training, but, he was not permitted to do so despite the fact the Medical Board constituted for the purpose after thorough medical examination declared him fit for the said training. It is also contended that instead of permitting him to undergo training, the respondents have initiated proceedings with regard to the discharge of the petitioner from service and ultimately came to be discharged vide order dated 27.04.2019 on the ground that he is unsuitable under Rule 26 of the Sashastra Seema Bal Rules, 2009.

(2.) Learned counsel for the petitioner submits that Rule 29 of the SSB Rules, 2009 envisages a provision of filing of appeal against the order of dismissal, removal or retirement within a period of ninety days. The petitioner in due deference to the said provision has filed a statutory appeal before the Director General SSB, New Delhi. He further submits that despite lapse of more than two months, the said statutory appeal of the petitioner has not been considered and decided by the respondents. Hence, this petition seeking a direction to the respondent No.2 to consider and decide the statutory appeal stated to have been filed by him under Rule 29 of the Sashastra Seema Bal Rules, 2009 against the order of his discharge dated 27.04.2019 issued by respondent No.3 with reasonable dispatch.

(3.) At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in the case the instant petition is disposed of with a direction to the respondents to consider and decide the statutory appeal contended to have been filed by the petitioner under Rule 29 of the Sashastra Seema Bal Rules, 2009 against the order of his discharge dated 27.04.2019 within certain timeframe to which course other side has no objection to consider under rules. Their statements are taken on record.