Back
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Kamlesh Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Suresh Kumar Kait, J.
1. The present petition has been preferred by the petitioner seeking quashing of order dated 13.05.2016 vide which his services have been terminated on the recommendations of the Invalidation Medical Board.
2. The facts giving rise to the present petition are that petitioner was working as Head Constable (`HC')/GD in Indo Tibetan Border Police (ITBP) since 28.02.1992. On 17.06.2015, he was served with a Memorandum dated 28.05.2015 mentioning that he is completely and permanently incapacitated for further service of any kind in the department on account of indulgence in drugs and drinks and has been suffering from `Alcohol Dependence Syndrome'.
3. According to petitioner, his Invalidation Medical Board was conducted on 13.08.2013. His health condition though was shown improved vide medical examination dated 22.02.2014, despite this, his next medical examination was conducted on 06.02.2015, however his condition was static. Yet again, after 19 days, his medical examination was conducted on 25.02.2015. The status of above Invalidation Medical Board is as under:
"1. S3 (T-24) w.e.f. 14/08/2013
2. S2 (T-24) w.e.f. 22/02/2014
3. S2 (T-24) w.e.f. 06/02/2015
4
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....
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
The absence of attribution of disability to service by the Medical Board leads to a presumption of service-related disability, warranting the grant of Disability Pension.
The decision of compulsory retirement should be based on material and the subjective satisfaction of the government, and adverse remarks in the service record, including uncommunicated entries in the....
Invalid pension can be granted for mental or physical infirmity before ten years of service under specific government rules, emphasizing the necessity of proper assessment and procedural fairness.
Dismissal for desertion disproportionate for long-serving employee overstaying leave due to illness with prior intimation, absent proper inquiry; substitute with deemed discharge upon 20 years pensio....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
