BABULAL BEDIYA Vs. UNION OF INDIA
LAWS(DLH)-2021-12-205
HIGH COURT OF DELHI
Decided on December 23,2021

Babulal Bediya Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

MANMOHAN, J - (1.)C.M.No.47242/2021
1. Present writ petition has been filed challenging the Show Cause Notice dtd. 10/12/2021 passed by the Respondent no.3. Petitioner seeks directions to the Respondents not to terminate the petitioner on the ground of Physical Unfitness. Petitioner also seeks directions to the Respondents to rehabilitate the petitioner as per the standing order dtd. 28/3/2013 and as per the Office Memorandum dtd. 7/9/2017 issued by the Ministry of Home affairs, with all consequential benefits.

(2.)Learned counsel for the petitioner states that the petitioner was recruited in the post of Constable (General Duty) with respondent- Indo Tibetan Border Police Force and was posted with 45th battalion, Madurai on 8/11/2014. He states that during the course of the training session held on 17/6/2015, the petitioner fell from the height of around 12 feet and sustained serious injuries due to which the petitioner underwent a back operation by an ortho specialist on 23/6/2015. He further states the petitioner was transferred to 6th battalion Chapra, Bihar in 2019, wherein he is currently posted and discharging his duties.
(3.)Learned counsel for the petitioner states that the petitioner was issued Show Cause Notice dtd. 10/12/2021 of discharge from service on the sole ground of physical disability, which occurred during service.


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