IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1495 of 2008 PREMCHAND DAS Versus THE STATE OF BIHAR & ORS ----------- 2/ 07/01/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 30.5.2007 removing him from service as a Constable in pursuance of the report of the Medical Board with regard to his physical infirmity. The order also directs that he would be entitled to his pension, gratuity and other retiral dues. Rule-809(A)(i) of the Bihar Police Manual provides that those who are not physically fit may be retired after a medical examination. The counter affidavit of the respondents annexes the medical report of the petitioner. He has been identified as “Locomotor system-- wasting of Intrinsic Muscles of right hand--- Moderate degree of scar”. As a constable he is naturally required to deal with weapons also and perform active duty, may be, with Lathi also. If he has locomotor deficiency by wasting of his intrinsic muscles of the right hand, obviously, he will not be able to discharge these 2 duties. This Court, therefore, finds no infirmity in the order to that extent warranting interference in the writ petition. The next submission is that before ousting him from duty considering that the petitioner had 10 years of service left on the day of the impugned order, the respondents had a bounden duty to consider the petitioner for any alternative employment, if possible, subject to availability of vacancies, by invoking “The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”. Even while declining interference on merits, this Court observes that the respondents are expected to consider the possibilities of alternative employment of the petitioner expeditiously, preferably within a period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC/ ( Navin Sinha, J.)