Photo used for indicative purpose only. Source internet
The Himachal Pradesh High Court has set aside the order of the Indo-Tibetan Border Police (ITBP) declaring a constable as “deserter” without conducting an inquiry into his health condition, observing that the force acted arbitrarily in dismissing him despite his repeated requests for medical consideration.
Justice Sandeep Sharma passed the order on Monday while allowing a petition filed by Mahender Singh, who had served the ITBP for over 18 years before being dismissed in 2006. The court quashed the ITBP’s order dated November 7, 2016, that had rejected his representation, and directed that the petitioner be treated as discharged from service with effect from the date he completes pensionable service, though he would not be entitled to back wages.
According to the petition, Mahender Singh, who joined ITBP in 1988, met with an accident in December 2005 and was later diagnosed with tuberculosis. He went on sanctioned medical leave in January 2006 and sought an extension due to ill health, which was duly acknowledged by the force’s dispatch section. However, without verifying his medical condition, the ITBP declared him a deserter from February 15, 2006, and subsequently dismissed him from service on July 10, 2006.
The court noted that despite receiving communication from the petitioner’s brother about his hospitalization, the ITBP neither extended his leave nor conducted an inquiry into his health. “Respondents straightway without there being any inquiry, issued show cause notice dated May 20, 2006… before issuance of such notice, petitioner had already been declared deserter,” Justice Sharma observed.
Citing the Supreme Court’s ruling in Yasodhar Kamat vs. Director General, Border Security Force (2021), the High Court held that the punishment of dismissal was “wholly disproportionate” to the alleged misconduct. “The action of the respondents in dismissing the petitioner from service is harsh and totally uncalled for,” the judge remarked.
The court directed the ITBP to complete the necessary action within two months, ensuring that the petitioner receives pensionary benefits for his 18 years of unblemished service.
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