RAJESH KUMAR vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20th November, 2025 Pronounced on: 27th November, 2025 + W.P.(C) 11077/2019 RAJESH KUMAR .....Petitioner Through: Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Raghunath Pathak and Ms. Ankita Singh, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Jitendra Kumar Tripathi, SPC with Mr. Sumit Kumar Raj, Advs. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGEMENT MINI PUSHKARNA, J. 1. The present writ petition has been filed seeking to quash and set aside the Office Order dated 12th April, 2019, issued by the respondent, i.e., Indo- Tibetan Border Force (“ITBP”). By way of the said Office Order, the petitioner herein has been declared “Invalidation Medical Board Out” w.e.f. 12th April, 2019, for being afflicted with “Alcohol Dependence Syndrome with Nicotine/Tobacco Abuse” and “Diabetes Mellitus (“DM”) Type-II”. 2. The petitioner joined the ITBP as a constable on 11th August, 2007, and was posted under Commandant 33rd Battalion, ITBP. He was kept in Low Medical Category S-5 w.e.f. 16th July, 2011, on the ground that he was an alcohol addict. 3. The petitioner was sent for examination by the Medical Board. An Invalidation Medical Board of the petitioner was conducted on 10th October, Signature Not Verified Digitally Signed W.P.(C) 11077/2019 Page 1 of 5 By:HARIOM SHARMA Signing Date:27.11.2025 18:39:00 2018, at Tezpur (Assam), and he was declared to be a case of “Alcohol Dependence Syndrome with Nicotine/Tobacco Abuse” and “DM Type-II”. Pursuant thereto, a Show Cause Notice dated 26th February, 2019 was issued to the petitioner by the respondents under Rule 26(3) of the Indo-Tibetan Border Police Rules, 1994 (“ITBP Rules, 1994”), read with Rule 2(2) of Central Civil Serv