TAPEN SEN,J. - (1.) In this Writ Petition the petitioner makes a prayer for an Order commanding upon the respondents and particularly the respondent no.1 to consider his application sent on 09.11.2012 vide Annexure 'P-8' to this Writ Petition.
(2.) Learned Counsel for the respondents submits that such a prayer is not maintainable in view of the fact that the petitioner was a mere probationer and therefore, against an order of simple discharge which is not punitive in nature, he has no right to claim that his application/appeal should be considered. He relies upon Rule 13 of the B.S.F. Rules together with the conditions of service contained in part (II) of the said Rules. He also refers to and relies upon the Judgement of the Hon'ble Supreme Court of India passed in the case of The State of Punjab and Ors. v. Sukhbinder Singh reported in (2005) 5 SCC 569 in support of his contention that since the petitioner was a probationer, such an order discharging him from service, should not be interfered with since the order so far as the petitioner is concerned was neither stigmatic nor did it affect him on the civil consequences.
(3.) In the opinion of this Court, the submissions of the learned Counsel for the respondents are totally misconceived. From a perusal of the facts, which have been stated in the application/appeal, it is evident that the petitioner joined the B.S.F. on 19.8.2011 and went for training on 05.9.2011. He suddenly fell down and broke his leg on 07.10.2011. Thereafter he was admitted to the B.S.F. hospital and initially he was declared fit but by a subsequent Medical Board he was declared unfit and was removed from service. Therefore, this is not a case, which can be strictly said that it is an order passed which comes within the swipe of departmental proceedings/jurisdictions. In this case it just happens that the petitioner has become a victim of an accident which was an act of God. Under such circumstances, the submissions of the learned Counsel for the respondents as well as the Judgement cited by him have no application.;