2026:CGHC:696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 14184 of 2025

1 - Amit Gupta S/o Late Rajesh Gupta Aged About 30 Years R/o Camp 2 Shardapara, Prakash Atachakki, Bhilai Distt.- Durg (C.G.) Pin- 490001 ... Petitioner Versus

1 - Union Of India Through The Secretary, Ministry Of Defence, Government Of India, Sena Bhawan, New Delhi- 110011

2 - Inspector General Frontier Headquarters (Spl Ops) Border Security Force, Hr Sec School Building Opp Sbi Branch, Risali Bhilai, Distt.- Durg (C.G.)

3 - Dy. Inspector General (Pso) Frontier Headquarters (Spl Ops), Border Security Force, Hr Sec School Building Opp Sbi Branch, Risali Bhilai, Distt.- Durg (C.G.)

... Respondents For Petitioner : Mr. Rishab Dev Singh, Advocate For Respondents : Mr. Ramakant Mishra, Dy. Solicitor General SB: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

06 /01/2026

1. The petitioner has filed this writ petition seeking following reliefs:-

“10.1 That, the Hon'ble Court may kindly be

pleased to quash and set aside the impugned

retirement order dated 04.11.2025, issued under

Rule 25 of the BSF Rules, 1969, whereby the

petitioner has been retired from service on medical

grounds;

10. 2 The Hon'ble Court may kindly be pleased to direct the respondents to reinstate the petitioner in service with all consequential service benefits, including continuity of service;

10.3 The Hon'ble Court may kindly be pleased to direct the respondents to constitute a Review Medical Board, as contemplated in the Show Cause Notice dated 19.09.2025, and to reconsider the petitioner's case for retention in service in accordance with law;

10.4 The Hon'ble Court may kindly be pleased to in the alternative, and without prejudice to the above, direct the respondents to consider the petitioner for posting/adjustment to any suitable non- combatant or non-strenuous duty commensurate with his medical category, instead of retiring him from service;

10.5 The Hon'ble Court may kindly be pleased to pass such other order or direction as this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case, in the interest of justice.”

2. Learned counsel for the petitioner submits that the petitioner is not pressing this writ petition on merits, but is only seeking a direction to the Respondent No. 2 to take decision on the representation dated 10.11.2025 (Annexure P/5) submitted by the petitioner within a specified time frame. He submits that the petitioner has already submitted a representation for referring the case of petitioner before the Medical Review Board and therefore, direction be issued to the Respondent No. 2 to consider and decide the representation of the petitioner at the earliest.

3. On the other hand, learned counsel for the Respondents submits that in view of the limited prayer made by the counsel for petitioner, he is having no objection.

4. I have heard learned counsel for the parties and also perused the documents placed on record.

5. On due consideration of the submission of counsel for the parties, facts and circumstances of the case, nature of grievance raised, without entering into the merits of the claim of petitioner, this writ petition is disposed of directing the Respondent No. 2 to take decision on the representation dated 10.11.2025 (Annexure P/5) submitted by the petitioner in accordance with law expeditiously, preferably within a period of 03 weeks from the date of receipt of the order.

6. With the aforesaid observation and directions, this writ petition stands disposed of Digitally s S i H g n U e B d H b A y M Sd/-

SHUBHAMDEY

DEY Date: (Parth Prateem Sahu)

2026.01.07

+0530 Judge

Dey