Veerender Singh Siradhana, J. - (1.) THE petitioner aggrieved of termination of his services vide office order dated 20.5.2002, has preferred the instant writ application, praying for the following relief(s): - - "i) by issuance of suitable writ, direction or order the Hon'ble Court may kindly be pleased to quash and set aside the impugned termination order dated 20th May, 2002 passed by the respondent as well as the order dated 21.11.2002 and further be pleased to direct the respondents to reinstate the petitioner on the post of Constable (GD) will all consequential benefits. ii) Any other order or direction which your lordships may deem just and proper in the facts and circumstances of the case be also passed in favour of the petitioner. iii) The writ petition may kindly be allowed throughout with costs."
(2.) BRIEFLY , the skeletal material facts necessary for appreciation of the controversy raised herein needs to be first noticed. The petitioner was initially appointed as Constable (GD) vide order dated 27.3.2001. During the course of training, the petitioner suffered with swelling of and pain in both the knee joints. After a medical check -up, he was referred to Jawahar Lal Nehru Hospital (City Hospital of Ajmer) for treatment on 19th April, 2001 wherein the petitioner remained under treatment from 8.6.2001. On 28.2.2002, the petitioner was examined by the Medical Officer, Station Hospital GC -I, CRPF, Ajmer, as he could only run of 2.20 kilometers in 12 minutes instead of required 2.80 kilometers. The Medical Officer suggested review after 12 weeks. However, vide communication 22.4.2002, the Medical Officer of Group Centre -II, Ajmer, opined the petitioner to be unfit for training in CRPF for knee pain and swelling of on account of RHEUMATIC ARTHRITIS. The petitioner was also found not fit for strenuous activities. It is pleaded case of the petitioner that subsequent to the opinion of the Medical Officer, Group Centre -II, Ajmer, the petitioner applied for medical examination to the Medical Board at Jawahar Lal Nehru Hospital (City Hospital of Ajmer) whereupon he was adjudicated as medically fit vide report dated 29.4.2002, which was submitted to the Additional Deputy Inspector, Group -II, CRPF, Ajmer. However, his services were terminated vide impugned order dated 20.5.2002, by the Additional Deputy Inspector General, Group -II, CRPF, Ajmer, in exercise of powers under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965.
(3.) ON 25.10.2005, this Court made an order in the presence of the counsel for the petitioner as well as respondents to the effect that the petitioner may be examined by a separate Medical Board of the respondents and opinion be furnished by the Board with regard to the fitness of the petitioner for the post in question since such Board of the respondents was already working. The petitioner was directed to appear before the Medical Board at Group -II, CRPF, Ajmer on 16.11.2005 between 11.00 to 12.00 hours and the Board was called upon to submit its report through their counsel within two weeks thereafter.;