1 S.B.CIVIL WRIT PETITION NO. 3211/2008 Constable Charan Singh Vs. Union of India & Ors. Date of Order :: 14.11.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr P.S. Bhati, for the petitioner/s. Mr M.S. Godara, for the respondents. ... The petitioner was enrolled in Border Security Force as Constable (General Duty) on 7.5.1988. A notice to board out him was given to the petitioner on 24.4.2002 by the Commandant, 163 Battalion, BSF on basis of a recommendation made by the medical board. Being aggrieved by the same the petitioner preferred a writ petition before the Hon'ble Jammu and Kashmir High Court and that writ petition is yet pending consideration. The petitioner subsequent thereto was transferred and posted at Barmer in the year 2006 where he came to know that he will be boarded out w.e.f. 31.5.2008, therefore, he preferred this petition for writ with the contention that on basis of a medical board taken place in the year 2002 he cannot be boarded out from service. It is not in dispute that a petition for writ giving challenge to the notice dated 24.4.2002 is pending consideration before the Hon'ble Jammu and Kashmir High Court and no subsequent notice for boarding out from service is given by the respondents to the petitioner, as such, at this stage I am not inclined to interfere with the matter. The apprehension 2 of the petitioner regarding boarding out from service on basis of notice dated 24.4.2002 is not well found. Accordingly, this petition for writ is dismissed, however, if the respondents board out the petitioner from service by any separate order, it shall be open for him to approach the competent forum to challenge the same. (GOVIND MATHUR), J. Jgoyal '