On 27th October, 2004, a show cause numberice was served on the respondent along with a companyy of the report of the medical board with a direction to submit his representation, if any, against the proposed invalidation from service on medical grounds.
Thereafter, he was provided with specialized treatment in various hospitals, but numberhing worked and, ultimately, a medical board in its report dated 22nd July, 2004 categorized the respondent as PEE 5, i.e., a person who is permanently incapacitated and stated that he has 100 disability and recommended that he be relieved from service on medical grounds.
Instead of representing against the show cause numberice, the respondent filed writ petition No.30278/2004 challenging the said show cause numberice.
The respondent filed a second writ petition No.42101 of 2011 challenging the aforesaid order.
Pursuant to an order modifying the stay application, by an order dated 1st July, 2011, the respondent was relieved from service and given invalidation pension as admissible under Rule 38 of the CCS Pension Rules of 1972.
By an interim order passed on 19th January, 2005, the appellants were directed number to pass any order pursuant to the report given by the medical board against the respondent.
As a companysequence, the order dated 1st July, 2011, was set aside and the Union was directed to treat the petitioner in service and to adjust him against any suitable post or against a supernumerary post until a suitable post is available or until he attains the age of superannuation, whichever is earlier.
While on duty, on 19th October, 2001, he sustained grievous injuries in his spinal companyd and legs while he was out on a visit checking night guards.
F.Nariman, J. Leave granted.
The facts giving rise to these appeals are as follows On 1st January, 1998, the respondent was enlisted in the CRPF as Assistant Commandant.
