Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.

JUDGMENT :

SHALINDER KAUR, J.

1. The petitioner before us is aggrieved by and dissatisfied with the Order dated 27.12.2011 passed by the respondents, vide which the petitioner was considered "Unfit" for further service in the Border Security Force (in short "BSF") and he was retired from the service with effect from 31.12.2011 with pensionary benefits in accordance with Rule 25 of BSF Rules, 1969 (in short "Rules").

2. The brief facts relevant for disposal of the present petition are that the petitioner joined the BSF in the year 1990 as a Constable (GD). Upon successfully completing his training, on 17.07.1990, he was posted at 146^th Battalion BSF, which was at that time stationed at Chuda Chandpur, Manipur. At the time of his joining, he was subjected to a thorough medical examination conducted by the Medical Board, and was found to be medically fit. It may be further relevant to note that during this period, he also won a Gold Medal in Shooting for his Battalion. Thereafter, when the petitioner was posted at Bhuj, Gujarat, due to stress and strain of the duty, he became unwell and suffered from Depression, for which he was treated at the Psychiatric Hospital, Bhuj, Gujarat. Subsequent thereto, he was admitted to the Civil Hospital, Ahmedabad and was sent to his native place on 54 days leave. Since the petitioners ailment could not be cured, he was treated at various Hospitals including the Institute of Human Behaviours and Allied Science, G.T. Road, Jhilmil, Delhi.

3. It is the case of the petitioner that faced with such a medical ailment and consequent circumstances, he made representations to the respondents to transfer him to Delhi so that he is able to avail regular treatment in Delhi, as the respondents were insisting that the petitioner should join his duty at Bhuj. In the first instance, though the respondents denied the petitioner's transfer to Delhi, ultimately, they acceded to the petitioner‟s request and directed him to appear before the Medical Board at Delhi. Upon examination by the Medical Board, he was found to be suffering from Depression and his Medical Category from "AYE" was reduced to "CEE" temporarily, for a period of six months with effect from 20.01.2000.

4. On 05.04.2002, after being successfully treated, the petitioner joined his duty at 42^nd Battalion, Abohar, Punjab.

5. It is also the case of the petitioner that in the year 2003, an untoward incident occurred, when, one day on duty as School Bus Driver, he dropped the son of a Senior Officer/Member of a Medical Board, 5 minutes late to the said Officer‟s house. Thereafter, the wife of the said Officer slapped and insulted him. When the petitioner complained about the said act to another Senior Officer, the said Officer threatened him.

6. Subsequently, when the petitioner appeared before the Medical Board of which the said Senior Officer was also a member, he intentionally and malafidely, reduced the Medical Category of petitioner.

7. Further, vide an Order dated 27.12.2003, the respondents had initiated departmental proceedings under Rule 173(8) of the Rules against the petitioner for tampering with an electric meter on 13.11.2003. However, vide an Order dated 06.02.2004, the respondents withdrew the Charges against him and stated that the letter dated 17.11.2003 issued in connection with the said Charge was cancelled.

8. Thereafter, on 31.01.2004, a Detailed Medical Examination of the petitioner was conducted at the Calcutta Hospital and he was diagnosed with "Bipolar Affective Disorder" and was advised regular follow ups, and for