Deepak Roshan, J. - (1.) Heard learned counsel for the parties through V.C.
(2.) The instant writ application has been preferred by the petitioner praying therein for quashing the order dated 23.01.2009 passed by the Commandant, Central Industrial Security Forces (respondent No.5) whereby the petitioner has been terminated from service with immediate effect.
(3.) Mr. Diwakar Upadhyay learned counsel for the petitioner submits that the impugned order of termination is illegal, unconstitutional, arbitrary, mala-fide and unreasoned. He further submits that it is also violative of principle of natural justice as no show cause was given and no opportunity of hearing was provided to the petitioner; as such the impugned order should be quashed and set aside. He further submits that the disability has occurred during course of employment. He further referred to the counter affidavit and submits that though in the impugned order there was no reason assigned for termination; however, in the counter affidavit the respondents have taken ground that the petitioner was suffering from "Night Blindness" as such his service was not confirmed. In this regard learned counsel referred to a judgment passed by Himachal Pradesh High Court being CWP(T) No.4520 of 2008 and 4521 of 2008 in the case of Hoshiar Singh Vs. State of Himachal Pradesh & Ors. , 2010 3 SLR 76 wherein the High Court has observed that the matter should have been viewed sympathetically since the petitioner had already been selected after passing the rigorous of selection process. Relying upon the aforesaid judgment, learned counsel submits that the respondents may be directed to reconsider the case of the petitioner.;