YASHWANT SINHA Vs. STATE OF C G

JUDGEMENT

(1.) THIS petition has been registered suo motu as reference by this Court. Reply was called for and the State has filed the reply.

(2.) IT is tome out from the reply that of Police, Jashpur was carrying on a Naxalite operation, suddenly during the operation naxalites attacked the police party and during the fight with the naxalities, Constable 484 Yashwant Sinha, the present petitioner, received a bullet injury on his right leg below the knee. The said Constable (hereinafter referred to as the Member of the Force) was seriously injured in the said operation. First aid was given to him by the Company Commander. Thereafter he was rushed to the Holy Cross Hospital, Kunkuri, Jashpur. It is contended that Orthopedic Specialist was not available there, therefore he was given primary treatment and was rushed to Shishir Seva Kendra, Ranchi. It is also contended that on 21-1-2002, Dr. Amit Mukherjee operated upon the injured leg of the Member of the Force. It is stated that due care was taken and two employees of the Police department were attending him. For initial expenses, Rs. 10,000/- was released by the Company Commander from the Mess Advance, which was available to the Company Commander. It is further stated that on 14-2-2002, Dr. Mukherjee discharged the Member of the Force and advised further bed rest. He was brought from Ranchi to Raipur by train and then he was sent to his home town at Kopra, Rajim.

(3.) THE State has come-forward with the case that so far as financial assistance is concerned, unless and until the injured moves an application in writing and the bills are submitted, the department may not be able to render any financial assistance. It is stated that as per the rules prevailing, the injured person can, on providing a medical certificate, obtain an advance upto 80% of the approximate estimate upon the treatment. This would require the injured to move an application with proper documentary supports. Unless it is done, the police authorities would not be in a position to render any monitory assistant to the injured. It is further stated in the reply that in the instant case if any further monitory assistance is required towards medical expenses and the injured has been asked to move an application in respect of the same along with medical certificate showing the rough estimate of the cost, that would be incurred and on the said application given by the injured he would be entitled for 80% of the said amount as advance for his medical treatment.