Delhi High Court
C P Trivedi vs Union Of India And Ors. on 25 January, 2022
$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1503/2022
C P TRIVEDI ..... Petitioner
Through Mr.Ankur Chhibber, Advocate.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through Mr.Vijay Joshi with Ms.Sahaj Garg,
Advocates.
% Date of Decision: 25th January, 2022
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J (ORAL)
C.M.No.4288/2022
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) No.1503/2022
1. The matter has been heard by way of video conferencing.
2. Present writ petition has been filed seeking directions to the
Respondents to approve the medical board proceedings held on 22nd June
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
20:40:21
2021 wherein the duly constituted medical board recommended that the
Petitioner suffered from 58% disability and declared him in medical
category SHAPE-5 unfit for further service in BSF. Petitioner also seeks
directions to the Respondents to board out the Petitioner from service and to
thereby grant him disability pension with all consequential benefits as per
rules.
3. Learned counsel for the Petitioner states that on 30th August 2003, the
Petitioner sustained multiple splinter injuries in both his lower limbs and
upper limbs while being engaged in an anti-terrorist operation in Srinagar.
He states that over the years, the Petitioner's medical condition has
deteriorated.
4. He states that the Director General-BSF has issued a 'Suitability
Certificate' on 27th April 2021 to the Petitioner to treat the Petitioner as fit
for service consistent with his medical condition. However, he points out
that this suitability certificate was entirely subject to the outcome and
findings of the medical board.
5. He also states that a Review Medical Board dated 22nd June 2021 was
convened, which opined that the Petitioner's disability had aggravated to
58% in permanent category and the Petitioner was placed in SHAPE 5
category unfit for further service in BSF.
6. Issue notice. Mr.Vijay Joshi, Advocate accepts notice on behalf of
the Respondents. He points out that the representations filed by the
Petitioners are already pending consideration before the competent
authority.
7. Keeping in view the aforesaid, this Court directs Respondent no.2 to
treat the present writ petition as a representation by the Petitioner and decide
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
20:40:21
the same way of a reasoned order, in accordance with law, within six weeks.
With the aforesaid directions, present writ petition stands disposed of.
MANMOHAN, J
NAVIN CHAWLA, J
JANUARY 25, 2022
KA
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
20:40:21
