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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Balkar Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
"a) Issue a writ in the nature of certiorari or any other appropriate writ, order, or direction for quashing impugned order issued vide Estt./75th Bn/CT Balkar Singh/2021/4239-42 dated 08.06.2022 by the Commandant 75th Bn Cooch Behar, West Bengal proposing retirement of the Petitioner on medical ground due to physical disability and unfitness under Rule 25 of the BSF Rules, 1969 by constituting Medical Invalidation Board Vide Order No. 1626-30 dated 08.04.2022 (not supplied to the petitioner) of Composite Hospital BSF Patgaon.
b) Issue a writ in the nature of mandamus or any other analogous writ to set aside the recommendation/opinion of the medical invalidation board dated 11.05.2022 validating unfitness of the Petitioner for further service in BSF and further directing the Respondents to get a fresh medical assessment of the Petitioner by constituting an impartial and neutral medical board comprising of eminent Psychiatrist, Psychoanalysis and Human Behaviour Specialist at AIIMS, MAMC and/or Institute of Human Behaviour and Allied Sciences under the direct supervision of this Hon'ble Court.
c) Issue an appropr
Timely decision on representation and communication of reasoned order by the respondents.
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 need for a conclusive assessment of medical fitness in cases of appointment disputes.
Sufficiency of medical documents is crucial for considering a representation for transfer for medical treatment.
Termination of services based on medical unfitness is valid if supported by competent medical opinions, emphasizing the authority of medical assessments in employment law.
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