Rajeev Yadav vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Rajeev Yadav – Appellant
Versus
Union of India – Respondent

Table of Content
1. petitioner's service termination background. (Para 1 , 2 , 3 , 4)
2. petitioner's arguments on medical fitness. (Para 5 , 9)
3. court's reliance on medical assessments. (Para 6 , 7)
4. legal basis for service termination. (Para 8)
5. dismissal of the petition. (Para 10 , 11)

JUDGMENT (Oral)

1. The present petition has been preferred by the petitioner seeking issuance of a writ of certiorari for quashing of order dated 05.09.2022 and notice dated 13.09.2022, terminating his services on expiry of completion of one month from the date on which the notice is served upon him, i.e. 15.09.2022.

2. According to petitioner, he was recruited on the post of Sepoy in the Indian Army on 02.04.2005 and during the course of his training, he had suffered stress fracture in his tibia. In the year 2016, petitioner had joined the services of CISF on the post of Assistant Sub Inspector. Again, in the year 2018, the petitioner had applied for the post of Assistant Commandant in CAPF under the Ex Servicemen Category. Petitioner claims to have cleared the written examination, however, in his medical examination he was declared medically unfit due to "left tibia on history and documentat

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