JUDGMENT K.C. Sood, J. (Oral): This petition under Articles 226 and 227 of the Constitution of India was filed by the general duty Constable Raj Kumar who was employed in Indo-Tibetan Border Police ("ITBP" for short). He was removed from the service w.e.f. 8th May, 1998 by impugned order of the even date (Annexure-PX). The period of his absence w.e.f. 25.6.1997 to 8.5.1998 was treated dies non for all purposes.

2. Raj Kumar expired on 5th October, 2000 during the pendency of this petition. He was substituted by his legal heirs, the present petitioners, Smt. Parwati Devi and Sohan Singh, mother and father. The petitioner pray for the following reliefs -

1. "Order dated 8th May, 1998, (Annexure PX) and Show Cause Notice (Annexure PT) dated 6th December, 1997, and Order dated 24th January, 1998 (Annexure PU) be quashed.

2. The respondents be directed to pay to the petitioner his pay and allowances wrongly with held by them.

3. The respondents be directed to accept the joining report of the petitioner dated 12th July, 1998, along with the Medical Certificate (Annexure PY and PZ) with effect from 12th July, 1998 and treat him on duty throughout, from 23d April, 1997.

4. The respondents be directed to immediately pay to the petitioner is (?) medical claim.

5. The respondents be directed to produce the whole record relating to this case for the perusal of this Honble Court.

6. Any other writ, order and direction which is Honble Court may deem fit in the facts and circumstances of this case, may also be granted."

3. In order to appreciate the controversy relevant facts may be noticed;

4. Raj Kumar was recruited as Constable "General Duty" in ITBP on 23rd December, 1994. In the year 1995, when he was undergoing Commando Training with 9th Battalion, ITBP at Ramgarh, he suffered from breathlessness and was referred to Command Hospital (Western Command). Chandimandir and diagnosed as a case of "Post Tubercular Encysted Empyema (LT) Lung. On 8th June, 1996, after completion of his training, he was posted in 7th Battalion, ITBP, Reckong Peo. It appears, in view of the findings of the Command Hospital at Chandimandir he was referred to Base Hospital for review and his re-categorisation. In February, 1997 he was placed in Medical Category "EEE" and was recommended to be boarded out from the service by the Medical Specialist. A Medical Board was convened on 8th February, 1997 which recommended the boarding out of Raj Kumar from service. The petitioner appeared before the Invalidation Board at Sarahan on 12th April, 1997. The Invalidation Medical Board agreed with the opinion of the Medical Specialist.

5. Raj Kumar, under Rule 26(3) of the ITBP Rules, 1994, hereinafter referred to as the "Rules", was to be informed about the findings of the Invalidation Board, Raj Kumar, however, was not informed about the findings of the Medical Board held on 12th April, 1997. On 13th April, 1997, Raj Kumar was brought to the Unit Hospital at Reckong Peo in "semi-unconscious condition". The Doctor of the Unit Hospital was on leave. Sub Inspector (Pharmacist) referred him to District Hospital, Reckong Peo. Raj Kumar was discharged from District Hospital, Reckong Peo on 17th April, 1997 with an advice for reference to Indira Gandhi Medical College Hospital at Shimla (Anmexure-PB). Inspite of the clear advice of the District Hospital, Reckong Peo, Raj Kumar was not referred either to Indira Gandhi Medical College or Army Hospital. The Unit Medical Officer (respondent No. 3) made provisional diagnosis of Conversion Disorder1 and admitted Raj Kumar in Unit Hospital for observation. The condition of Raj Kumar deteriorated.

6. Looking to the deteriorating condition of Raj Kumar, a fellow Constable telephoned to his maternal uncle Inder Singh at Shimla about the deteriorating condition of Raj Kumar. Inder Singh came to Reckong Peo and found Raj Kumar in a serious condition. The Unit Doctor, however, insisted that there was nothing wrong with Raj Kumar and he was only malingering

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