IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

203 Date of decision: 17.03.2025 RAJNEESH KUMAR ......Petitioner VERSUS UNION OF INDIA AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Ms. Alka Chatrath, Advocate with Mr. Nikhil Singh, Advocate for the petitioner.

Mr. Karan Bhardwaj, Advocate and Mr. Pardeep Kumar, Advocate Mr. Ishaan, Advocate for the respondent.

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VINOD S. BHARDWAJ, J. (Oral)

Challenging the order dated 18.09.2000 whereby services of the petitioner have been terminated with immediate effect, the instant writ petition has been filed.

2. Learned Counsel appearing on behalf of the petitioner contends that the petitioner had passed his Matriculation as well as Senior Secondary Examination from the Punjab School Education Board. As a sportsperson he participated in Junior Punjab Wrestling Championship conducted by the Punjab Wrestling Association in June 1992. He also secured 1^st place in the 27^th District Wrestling Championship 1993-94 in Junior Weight Category of

48 kg. His father worked as a Driver in the regiment, hence, he belonged to the ESM category. It is contended that the petitioner became a victim of terrorism on 06.08.1987 when the terrorists opened an attack on his family leaving 18 persons dead and forcing the remaining to save their lives by jumping from the roof. An FIR No. 166 was registered at Police Station Majitha under Section 302, 148, 149 of the Indian Penal Code, 1860, Section 25 and 27 of the Arms Act and Section 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. In the said incident that took place on 06.08.1987, the petitioner lost tip of his little finger of the left hand. The said physical affliction however is not an impediment in the discharge of his functions. She contends that the respondent-ITBP had issued an advertisement for recruitment to the post of Constables wherein the petitioner had applied. He along with others, were put to physical proficiency test. The petitioner qualified the same along with the written test and interview. An appointment letter dated 15.01.2000 was accordingly issued to the petitioner. He was also found fit by the Medical Officer. The petitioner was, however, surprised on being served with the order dated 18.09.2000 whereby he was discharged from the I.T.B.P without assigning any reasons. She vehemently contends that the respondents have not followed the principles of natural justice and have not assigned any reasons for discharge/termination of the service of the petitioner. It was also averred that under similar circumstances, the respondents had retained one Shri Shakur Ahmed Gujjar, Constable/TLR in 24 BN, I.T.B.P. Force whereas the petitioner was discriminated and was discharged arbitrarily despite him having served with the respondent for a period of 09 months. She contends that the circumstances under which the petitioner had lost the tip of his left little finger were also not taken into consideration by the respondents and that they took an extreme step of terminating the services of the petitioner.

3. She further contends that in the reply that was filed by the respondents, numerous objections have been pointed out with respect to the physical ailments of the petitioner apart from amputation of the tip of the little finger. They have also referred to the petitioner suffering from knock- knees, colour blindness and flat foot and the petitioner being of short height. It is contended that this Court had directed the PGIMER to conduct the medical examination of the petitioner and a report was received from the Medical Board of the PGIMER which reads thus:-

MINUTES OF THE MEETING OF THE COMMITTEE HELD ON 1.6.2010 AT 3.00 PM IN THE OFFICE OF UNDERSIGNED REGARDING IMPLEMENTATION OF THE ORDERS DATED 20.04.2010 OF THE HON'BLE COURT PASSED IN CWP NO 6706 OF 2001 TITLED AS RAJNEESH KUMAR VS UNION OF INDIA The following were present

1. Dr. M.S. Dhillon, Professor & Head, Deptt of Orthop