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Rohitashva Kumar S/o Shri Shera Ram Poonar – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. The brief facts of the case are as under:
2. The petitioner was appointed as a Constable with BSF vide order dated 13.10.2009. In the year 2014, the petitioner was diagnosed with anxiety and depression and thereafter he underwent treatment for the said ailments at various places wherever he was posted. In the year 2018, the petitioner was produced before the Medical Board constituted by the Department for his examination and the report of the Medical Board was to the effect that the petitioner was not fit for medical category SHAPE-I and he be placed in medical category S5H1A1P1E1. In pursuance to the said medical report, the petitioner was served with a show cause notice under Rule 25 of The Border Security Force Rules, 1969 (hereinafter referred as ‘Rules of 1969’) whereby it was informed to him that in terms of the findings of the Medical Board, the competent authority had decided to retire him from service on the ground of physical unfitness. Vide the notice, the petitioner was directed to file his representation, if any, in terms of Rule 25(4) of the Rules of 1969. No representation admittedly was filed by the petitioner in pursuance to the show cause notice dated
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....
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
The Court emphasized the importance of following due process and considering service records in cases of compulsory retirement, and held that arbitrary issuance of such orders without compliance with....
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....
The court upheld that the appointment of the petitioner to an alternative post was lawful despite previous findings of unfitness, affirming the requirement to comply with procedural norms for medical....
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