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Section 26: Retirement / discharge of subordinate officers and enrolled persons on grounds of physical unfitness

Indo-Tibetan Border Police Force Rule, 1994Central Rules · 1992

(1) Where a Commanding Officer not below the rank of Commandant is satisfied that a subordinate officer or an enrolled person is unable to perform his duties by reason of any physical disability, he may direct that the said subordinate officer or enrolled person, as the case may be, be brought before a Medical Board.

(2) The Medical Board shall consist of such officers and shall be constituted in such manner as may, from time to time, be laid down by the Director General.

(3) Where the said subordinate officer or the enrolled person is found by the Medical Board to be unfit for further service in the Force, as the case may be, the authority as specified in rule 17, if he agrees with the finding of the Medical Board, communicate to the said person the findings of the Medical Board and thereupon, within a period of 30 days of such communication, the person may make a representation against it to the competent authority supported by a prima-facie evidence of error of judgement in the opinion expressed by the Medical Board. Such an evidence should be from a government doctor not below the status of Civil Surgeon and should contain specing mention that he has taken into consideration the findings of the Medical Board before giving his opinion.

(4) Where the person declared to be unfit for further service makes a representation under sub-rule

(3) the same shall be awarded to the next superior officer, who shall have the case referred to be reviewed by a fresh Medical Board, which shall be constituted in such manner as may from time to time, be laid down by the Director General.

The superior officer may, having regard to the findings of the fresh Medical Board, pass such order as he may deem fit.

(5) Where no representation is made against the decision of the Medical Board under sub-rule (3), the authority as specified in rule 17, as the case may be, may (if he agrees with the findings of the Medical Board) order the retirement/discharge of person declared to be unfit for further service in the Force.

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Where this provision sits

ActIndo-Tibetan Border Police Force Rule, 1994
Section26
Marginal noteRetirement / discharge of subordinate officers and enrolled persons on grounds of physical unfitness
JurisdictionCentral
StatusIn force as published by the source

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