SBCWP No.3212/2008 – Constable Sriom Singh v. UOI & ors Date of order:06.04.2009 1 of 2 S.B.C.W.P. No.3212/2008 Constable Sriom Singh v. Union of India & others Date of Order: 06th April, 2009 HON'BLE MR JUSTICE GOVIND MATHUR Dr P.S. Bhati, for the petitioner Mr M.S. Godara, for the respondents The petitioner was enrolled with the Border Security Force as Constable (General duties) on 25th March, 1989. A notice to board him out was given on 05th May, 2008 by the Commandant, 163 Battalion, Border Security Force based upon recommendations made by a Medical Board in the year 2002. The petitioner, before approaching this Court, also preferred a petition for writ before Hon'ble the Jammu & Kashmir High Court to challenge the recommendation made by the Medical Board and that petition is still pending consideration. The petitioner subsequent thereto was transferred and posted at Barmer, where he came to know that he will be boarded out with effect from 31st May, 2008, therefore, he preferred this petition for writ with the contention that on the basis of report of Medical Board held in the year 2002, he can not be boarded out. It is not in dispute that a petition for writ giving challenge to decision of the respondents for holding Medical Board and to SBCWP No.3212/2008 – Constable Sriom Singh v. UOI & ors Date of order:06.04.2009 2 of 2 board him out, is pending before Hon'ble Jammu & Kashmir High Court, as such, validity of the reasons for boarding out the petitioner shall be examined by the Court aforesaid in the earlier petition for writ preferred by him. In view of that, I am not inclined to entertain this petition for writ for the claim made by the petitioner. Accordingly, the same is dismissed. [GOVIND MATHUR],J. mma