THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5346 OF 2008 DATED 18th NOVEMBER, 2010 BETWEEN: Amar Singh Yadav … Petitioner A n d Union of India, rep. by its Secretary, Ministry of Defence, New Delhi, And others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5346 OF 2008 O R D E R Heard Sri G.Anandam, learned counsel for the petitioner, and Sri Adhi Venkateswara Rao, learned counsel for the respondents. The petitioner, a Constable in the Central Reserve Police Force, challenged the notice dated 16.02.2008 whereby his services were terminated due to invalidation as recommended by the Board of the Medical Officers. This Court by order dated 13.03.2008, taking note of the fact that the petitioner was medically examined on 20.08.2006 and his condition was found to be satisfactory and fit for performance of normal duties, granted interim suspension of the impugned notice dated 16.02.2008 for a period of four weeks which was extended until further orders thereafter. It is now submitted by both the counsel that pursuant to the aforestated interim order the petitioner continued in service and as per the certificate dated 04.09.2010 issued by the Composite Hospital, CRPF, Hyderabad, the petitioner was found fit for duty. In that view of the matter, the medical grounds for terminating the petitioner from service no longer subsist and the impugned notice dated 16.02.2008 cannot be given effect to at this stage owing to the subsequent developments. The writ petition is accordingly allowed setting aside the notice dated 16.02.2008 issued by the Commandant, 141 Battalion, CRPF, Subashnagar, Nizamabad, Andhra Pradesh, and directing the respondents to continue the petitioner in service as per his eligibility. No order as to costs. -------------------------- SANJAY KUMAR,J 18th NOVEMBER, 2010 PGS THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5346 OF 2008 18th NOVEMBER, 2010