IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9348 of 2010 BRAJESH KUMAR @ BRAJESH KUMAR SINGH, NO. 940028, CONSTABLE, B.S.F. S/O JAGROOF SINGH AT PRESENT R/O VILL.- THORA, P.O.- CENTRAL JAIL, P.S. BUXAR MUFFASIL, DISTT.- BUXAR Versus 1. THE UNION OF INDIA THROUGH SECRETARY, DEPTT. OF HOME AFFAIRS, NEW DELHI 2. D.G., B.S.F., D.G.O. COMPLEX BLOCK NO.10, LODI ROAD, NEW DELHI 3. I.G., B.S.F., NORTH BENGAL KADAMTALLA DISTT.- DARJEELING (WB) 4. D.I.G., B.S.F., RUP NAGAR, DISTT.- KOOCH BIHAR, WEST BENGAL 5. COMMANDENT, 113, B.N. B.S.F., TALLIGURI, DISTT.- KOOCH BIHAR, WEST BENGAL For the Petitioner : Mr. Niraj Kumar, Advocate. For the Respondents : Mr. Shiv Kumar, CGC. ----------- 02. 24.06.2010 Heard learned counsel for the petitioner and the Union of India. 2. Petitioner at the relevant time served as Constable with the BSF is aggrieved by the order of the Commandant, 113 Battalion dated 13.3.2010, Annexure-7, whereunder he has been invalidated on medical grounds as the Medical Board placed him under low medical category and declared him completely and permanently incapacitated for further service of any kind in the BSF. Perusal of order invalidating the petitioner dated 13.3.2010, Annexure-7 would indicate that thereunder he has been given opportunity to file appeal against the finding of the Medical Board with supporting documents. The supporting documents in the instant case shall be the opinion of any other medical practitioner. 2 3. Accordingly, the petitioner should get himself medically examined by another medical practitioner and with the findings of the said medical practitioner approach the appellate authority for review of the findings of the Medical Board. Petitioner should get himself examined by a medical practitioner of his choice within four weeks from today and thereafter with the findings of the medical practitioner he should file appeal in terms of Rule-25 of the BSF Rules, 1969, which should be disposed of by the competent authority in accordance with law, as early as possible, in any case within two months of the receipt of the memo of appeal. 4. With the observation aforesaid the writ application is disposed of. Rajesh/ ( V. N. Sinha, J.)