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8. Thereafter, on 31.01.2004, a Detailed Medical Examination of the petitioner was conducted at the Calcutta Hospital and he was diagnosed with „Bipolar Affective Disorder‟, and was advised regular follow ups, and for a further opinion after six months. He was further advised to do light duties. Consequently, the petitioner was assigned „light duty without arms‟.

9. The Medical Board constituted on 23.02.2011, reiterated its opinion that the petitioner was suffering from „Bipolar Affective Disorder‟ and he was declared „Unfit‟ for further service in the BSF under Rule 25 of the Rules. Upon a representation made by the petitioner on 18.07.2011, a Review Medical Board was constituted on 16.11.2011 at the CH Hospital, Jodhpur, Rajasthan, which upheld the findings of the Medical Board in the report dated 23.02.2011.

22. At this stage, it is relevant to note the observations made by the respondents in the Impugned Order, which is reproduced herein under:-

"OFFICE OF THE COMMANDANT, 192 BATTALION BORDER SECURITY FORCE::
SRIGANGANAGAR(RAJASTHAN) No. Estt-45/M.B/192Bn/2011/6363-85 Dated, the ___ Dec‟ 2011 /// ORDER /// Whereas, No.902548321 Constable(GD) Manbir Singh 'G' Coy of this unit was under medical category S5H1A1P1E1 as well as 65% disability. As per medical Board proceedings held at 146 Battalion BSF, Udaipur (Rajasthan) on 23/02/2011, the individual is suffering from "BIPOLAR AFFECTIVE DISORDER" and is considered unfit for further service in Border security Force under Rule- 25 of BSF Rule-1969 and;
3. Whereas, the review Medical Board was held on 16/11/2011 at CH Hospital, Jodhpur(Rajasthan) and re-

examined No.902548321 Constable(GD) Manbir Singh 'G' Coy of this unit, is of the opinion that he is suffering from "BIPOLAR AFFECTIVE DISORDER" and considered him unfit for further service in BSF.

4. Whereas, I being the Head of Office, agreed with the findings of the medical board and satisfied that his further retention in the BSF is undesirable. I therefore, retire him from the service w.e.f 31st Dec'2011(AN) with pensionary benefits as admissible under Rule-25 of BSF Rule-1969.

25. In such circumstances, it thus becomes imperative to examine the medical record of the petitioner. From perusal of the record, we find that both the parties are ad idem that the petitioner is suffering from „Bipolar Affective Disorder‟ from 2004 and was placed under medical category S5H1A1P1E1, with 65% disability. It is not disputed that at the time of enrolment of petitioner in the BSF, he was subjected to thorough physical test and other medical examinations, however, no ailment was diagnosed at that stage. Moreover, the petitioner was placed under strenuous training after his enrolment, and during the said period also, he did not exhibit any signs of the ailment.