Rati Ram vs Union Of India And Ors. on 18 March, 2016

CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MS. JUSTICE DEEPA SHARMA
MR. JUSTICE S. RAVINDRA BHAT
%
1. The petitioner is aggrieved by his discharge from the Border Security
Force [hereafter referred to as “BSF”/ “Force”], on the ground that he no
longer fulfilled the medical standards stipulated. The order was issued by the
respondent, (hereafter “BSF”) after he completed 22 years service.
2. The petitioner was enrolled as Constable (General Duty) in the BSF,
on 24.03.1990. On 03.12.1994, the petitioner, then posted as “D’ Coy of
29th Battalion BSF (Now 33rd Battalion) was deputed to perform Road
Opening Party (ROP) duty between K.P. Chowk to Mehandi Kadal Area in
Anantnag, Kashmir. He completed patrolling, and moved a wooden log and
sat on it. A powerful explosion occurred which resulted in serious injuries to
him. The injuries were a result of mines placed by insurgents. He was
evacuated to 92 Base Hospital, Srinagar, where his left leg was amputated
below the knee. The petitioner was subsequently treated from time to time in
various government hospitals, including 92 Base Hospital; Base Hospital,
Jallandhar (upto 01.01.1996); Safdarjung Hospital, Delhi; PGIMS,

W.P.(C) 1252/2013 Page 1
Chandigarh, etc. He was fitted with a prosthetic leg at the Artificial Limb
Centre. Earlier, a Staff Court of Inquiry (hereinafter referred to as “SCOI”)
was conducted to investigate the circumstances under which the petitioner
got injured on 03.12.1994. It completed its report, which concluded that
injuries sustained by petitioner were attributed to active bona fide
government duty.

Source: Indian Kanoon

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