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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Dilip Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Suresh Kumar Kait, J.
The present writ petition has been filed against the impugned order dated 13.04.2021 passed by the respondents whereby the statutory appeal preferred by the petitioner against the order dated 05.05.2020, whereby he was discharged from the services, has been upheld.
2. The facts, as mentioned in the present petition, are that the petitioner was appointed as Sub-Inspector in the Indo Tibetan Police Force (ITBP) in the year 1993 and was promoted to the rank of Subedar Major and thereafter, Assistant Commandant (Group A)/General diary duty in the year 2008. Petitioner claims to be in Shape-1 absolute medical fitness as per the Shape system of Annual Medical Examination till the year 2014. On a complaint filed by petitioner's wife alleging petitioner to be an alcoholic, he was sent to Cuttack, Orissa for a period of 28 days and he was placed under Shape-2. Thereafter, petitioner was sent to Base Hospital Tigadi, New Delhi, where based upon the opinion dated 12.06.2013, he was found medically fit in Shape-1. However, again vide opinion dated 25.06.2013, respondents placed petitioner in Shape-3 for six months. Against the opinion dated 25.06.2013, petitioner
The main legal point established in the judgment is that while the fitness of armed forces personnel is of prime importance, the punishment imposed should be proportionate to the circumstances, and i....
The main legal point established is the court's discretion to consider leniency in cases of termination on medical grounds and to direct the petitioner to be treated as 'compulsorily retired from ser....
The main legal point established in the judgment is the importance of upholding eligibility criteria for promotion, fair treatment in promotion processes, and adherence to recruitment rules.
The main legal point established in the judgment is the applicability of the Circular dated 28.05.2013 to the petitioner's recruitment and subsequent termination based on 'Defective Colour Vision'. T....
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
An employee deemed unsuitable for a job may be dismissed without inquiry, particularly in cases of prolonged unauthorized absence.
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