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CALCUTTA HIGH COURT, IN THE CIRCUIT BENCH AT JALPAIGURI
Partha Sarathi Chatterjee, Kausik Chanda
Union of India, through the Secretary, Ministry of Home Affairs – Appellant
Versus
Himanshu Kumar – Respondent
| Table of Content |
|---|
| 1. details of appointment and injury sustained. (Para 1 , 2 , 3 , 4 , 5) |
| 2. sequence of events leading to termination. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. legal framework for termination under ssb rules. (Para 12 , 13) |
| 4. (Para 14 , 15 , 16) |
| 5. arguments of the appellant regarding due process. (Para 17 , 18) |
| 6. respondent's position against rule 26 invocation. (Para 20 , 21) |
| 7. importance of proper exercise of discretion. (Para 22 , 23 , 24 , 25) |
| 8. delay in training completion and its attributes. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 9. final determination and dismissal of appeal. (Para 34 , 35 , 36 , 37) |
JUDGMENT :
1.The impugned order dated June 18, 2025, directs the reinstatement of the petitioner, who was appointed as a Constable (General Duty) under the Sashastra Seema Bal, along with back wages. The facts leading to the termination of the petitioner's service have been succinctly recorded by the learned Single Bench and are summarised below:
2. The petitioner was appointed as a Constable (General Duty) [CT/GD] pursuant to an appointment letter dated 12.03.2021 under the Sashastra Seema Bal (SSB) and was posted to the 53rd Battalion, SSB, at Falakata-Simlabari, Wes
Termination of service under Sashastra Seema Bal Rules requires a discretionary assessment of individual circumstances, emphasizing that procedural compliance and inability due to external factors mu....
Termination due to medical unfitness requires adherence to due process, including a proper medical assessment, and cannot unjustly discriminate against similarly situated individuals.
The court established that adherence to procedural safeguards in disciplinary actions is essential, but claims of mental incapacity must be substantiated to affect the outcome of such proceedings.
The Court upheld the termination of service due to non-completion of training within the stipulated period, affirming the necessity of maintaining recruitment standards in elite forces.
A trainee appointed to the CRPF is considered a member of the force and is entitled to rehabilitation benefits if injured during training, regardless of the completion of training.
The central legal point established in the judgment is the protection of fundamental rights, particularly in the context of termination based on post-appointment medical examination findings, and the....
The main legal point established in the judgment is the requirement of one month's notice or one month's advance salary in lieu thereof for termination of services as per Rule 12 of the Madhya Prades....
Compulsory retirement under Rule 26 of the BSF Rules is valid if based on unsuitability, with due process followed, and does not constitute double jeopardy.
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