Tapen Sen, J. - (1.) HEARD Mr. Sumit Gadodia, learned counsel for the petitioner. Nobody appears on behalf of the respondents.
(2.) THE grievance of the Writ Petitioner in the instant case is that without complying with the mandatory requirements in relation to three months notice or without paying him an amount equal to three months payment and allowance in lieu thereof and without also constituting the proper Medical Board under the Chairmanship of the Chief Medical Officer, the respondents have compulsorily retired the petitioner. Upon perusal of Annexure -C appended to the counter affidavit, it is apparent that the Medical Officer, Bihar Military Police upon examination of the petitioner and other persons came to the conclusion that the petitioner was suffering for the last two years from contagious Leprosy and that his right leg and hands had become totally ineffective. He also found the petitioner incapable of moving around. In that view of the matter, the concerned Medical Officer found the petitioner medically unfit. This examination appears to have been done on 21.06.1996.
(3.) FROM Annexure -1, which is an order passed on 26.06.1996, the Commandant of the Bihar Military Police, taking into consideration the aforementioned medical report, granted 90 days Earned Leave with a rider that upon approval of the contemplated action under Rule 74 for Compulsory Retirement the said leave would be cancelled and the petitioner would then be treated to have compulsorily retired.;