Shimla, Oct 27 (UNI) The Himachal Pradesh High Court has set aside the order of the Indo-Tibetan Border Police (ITBP) declaring a constable as “deserter” without conducting an inquiry into his health condition, observing that the force acted arbitrarily in dismissing him despite his repeated requests for medical consideration.

Justice Sandeep Sharma passed the order on Monday while allowing a petition filed by Mahender Singh, who had served the ITBP for over 18 years before being dismissed in 2006.

The court quashed the ITBP’s order dated November 7, 2016, that had rejected his representation, and directed that the petitioner be treated as discharged from service with effect from the date he completes pensionable service, though he would not be entitled to back wages.

According to the

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