IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17708 of 2013 ======================================================

Shivdani Kumar S/O Shidheshwar Prasad Resident Of Village- Asthawan, P.O- Asthawan, District- Nalanda.

... ... Petitioner/s Versus

1. The Union Of India

2. The Director General Directorate General Border Security Force Block 10 Cgo Complex, New Delhi.

3. The Inspector General Border Security Force, Siliguri Kadam Tala North Bengal

4. The Deputy Inspector General Border Security Force Campus, Kishanganj, Khagra Camp

5. The Commandant- 14, B.N. Border Security Force, Kishanganj, Bihar.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Sudish Kumar, Adv.

For the UOI : Mr. Bindhyachal Rai, Sr. Panel Counsel ======================================================

CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

ORAL JUDGMENT

Date : 19-01-2026

1. The present Writ petition is filed for the following reliefs:

(i) For issuance of a writ in the nature of certiorari quashing the order dated 31.05.2013 vide order No. 549(A/MBO/E SH/14Bn/ 13.9940- 46 passed by Commandant, 14 Bn B.S.F., Kishanganj, Bihar (respondent No. 2(Annexure-2)) whereby and whereunder the petition has been terminated from his service as a post of constable of

14 Bn B.S.F.

(ii) For issuance of a writ in the nature of mandamus directing the respondent to restore the service of petitioner with consequential benefits.

(iii) For issuance of such other writ(s), Order(s) or direction(s) as your lordship may deem fit and proper.

2. The brief facts, as culled out from the writ petition, are that the petitioner joined service on 19.06.2012 as a Constable of 14 Bn., B.S.F., Kishanganj, vide Commandant No. 12/08/801. The petitioner was recruited to the post of Constable after successful examination by the Medical Board, at the time of recruitment. Subsequently, the petitioner got the treatment for tuberculosis but at present, he is medically fit to discharge his duties, as is evident from the certificate/prescriptions dated 14.01.2013 issued by Kishanganj Government Hospital. Without issuing any show- cause notice, the petitioner was terminated from his service vide Order No. 549(A)/M.B.O./East/ 14Bn/13/9940-46 dated 31.05.2013 by respondent No. 5, and no copy of the medical report was served upon him. Being aggrieved by the same, the petitioner preferred an appeal under Border Security Force (BSF) Act, 1968 before D.I.G, B.S.F., Kishanganj on 25.09.2013. Thereafter, vide letter No. 5546-47 dated 08.07.2013, he was informed that the appeal was required to be preferred before the I.G., B.S.F., North Bengal instead of the D.I.G. Accordingly, the petitioner preferred an appeal before the I.G. (respondent No. 3) on 12.07.2013. However, due to inaction of the respondents, the present Writ petition was filed.

3. During the pendency of the Writ petition, the petitioner filed an I.A. No. 6568 of 2013 challenging the order of the appellate authority, and the said I.A. was allowed. The relief sought reads as follows:

(i) For issuance of a writ Certiorari to quash the order contained in letter (Estt 1/WO(CF) shivdani/NBF/2013/11376-79 dt. 29.8.2013 issued by Respondent no 3 by which the petitioner application/representation dt. 12.7.2013 for reconsideration of termination of petitioner dt. 31.5.2013 on the recommendation of medical Board for reinstatement in service was rejected having no grounds or no merit in the representation.

(ii) Petitioner further prays after quashing of representation of petition dated 29.8.13 the petitioner be resumed the service along with all the consequential benefits the period of termination of petitioner be counted as continued as service.

4. A detailed counter affidavit was filed on behalf of the respondents, denying the allegations made in the Writ petition. The counter affidavit disclose that the petitioner was terminated by Commandant, 14 Bn., B.S.F., after due compl