BSF Unjustified To Terminate Employee Who Couldn't Complete Basic Training Due To Curable Disease Contracted After Joining: Punjab & Haryana HC

Directing to "symphathetically reconsider" the case of a BSF constable who was struck off from service for not being able to complete basic training because he was declared 'unfit', the Punjab & Haryana High Court said that it is highly unjustified to weed out an employee on the ground that he cannot complete basic training because of a curable disease which he has suffered post joining of services.The bench of Justice Jagmohan Bansal said, "It seems to be highly unjustified and unfair to weed out an employee on the ground that he cannot complete basic training because of a disease which he has suffered post joining of service and it is a curable disease."Justice Bansal explained further that a person after joining service may become incompetent to complete basic training while on duty and on account of reasons beyond his control like accident during the movement of Force from one place to another place, attacked by militants etc. In such circumstances, it cannot be concluded that a person who has fulfilled all the required parameters at the time of recruitment should be weeded out because after joining, on account of unavoidable circumstances, he has become unable to undergo basic training, the Court said.The Court was hearing the plea of Amaranth Ram seeking setting aside of order passed in 2014 whereby his name had been struck off from the strength of BSF.Ram was provisionally selected as Constable (GD) in BSF. He reported to the Subsidiary Training Centre, Hoshiarpur and thereafter suffered from fever. He was referred to the civil hospital where he was diagnosed with bone tuberculosis.From October' 2011 to May' 2012 he remained under treatment at PGI, Chandigarh and in the medical report it was confirmed that he is fit to rejoin services. However, BSF did not accept report of the PGI, Chandigarh and asked him to face medical board. Ram was again examined by medical board which opined that the he is suffering from Bone TB and he is unfit to undergo Basic Recruitment Training and unsuitable for further retention in service. On his request he was re-examined and Review board also declared him unfit for the basic training.The counsel for petitioner argued that at the time of recruitment Ram was not suffering from any ailment and he was found medically fit. The petitioner after joining service has suffered from alleged disease and it is a curable, it was submitted.In light of the above, the Court directed the authorities to sympathetically reconsider case of the petitioner for any post other than post of Constable. If the respondents come to a conclusion that the petitioner cannot be considered, "the competent authority would pass a speaking order after granting opportunity of hearing to the petitioner. The needful shall be done within 06 months from today," added the bench.Case Title: Amarnath Ram v. Union of India and othersCitation: 2023 LiveLaw (PH) 166Appearance: Deepak Jindal, Advocate for the petitioner.Anita Balyan, Advocate for the respondents. Click here to read/download the order.

BSF Unjustified To Terminate Employee Who Couldn't Complete Basic Training Due To Curable Disease Contracted After Joining: Punjab & Haryana HC

Aiman J. Chishti

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