THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY W.P.No.22697 of 2010 ORDER The petitioner is employed as Constable in Border Security Force. Earlier he was removed from service and aggrieved by the same, he preferred an appeal. Since the appeal was not disposed of within a reasonable time, he filed W.P.No.15720 of 2008. The writ petition was disposed of on 22.07.2008, directing the appellate authority to pass orders in the appeal within a period of two months from the date of receipt of a copy of the order. The appellate authority allowed the appeal and the petitioner came to be reinstated into service in March 2009. The petitioner states that he has been subjected to further medical examination and in view of the frequent problems being suffered by him, he submitted an application on 09.04.2010 to the Director General, Border Security Force-first respondent with a prayer to permit him to retire on medical grounds. He states that when that application is under consideration, the second respondent issued a show cause notice, dated 03.07.2010, directing him to explain as to why he shall not be dismissed from service. The said show cause notice is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The petitioner challenges the show cause notice. It is not even the case of the petitioner that the second respondent does not have the jurisdiction to issue it. The relevant provisions of the Border Security Force Act and the Rules made there under are cited and thereby it cannot be said to be without jurisdiction. The question as to whether the petitioner can be dismissed from service even while his application seeking to retire on medical grounds is pending, is a matter which the petitioner can plead in his explanation and to be taken note of by the second respondent. This Court does not find any basis to interfere with the show cause notice. Hence, the Writ Petition is dismissed. It is, however, directed that the second respondent shall take into account the explanation that may be submitted by the petitioner as well as the fact that the application submitted by him for retirement on medical grounds is pending. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J Date:13.09.2010 Note: Issue CC within three days. (Bo) sj