PRADIP GOSWAMI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking issuance of a writ of mandamus to treat the period of 162 days availed by him due to an accident, as "Work Related Illness and Injury Leave" in terms of OM dtd. 30/8/2019 passed by the Department of Personnel and Training.

(2.) Case of the petitioner is that he joined CISF in the year 1994 and joined CISF Unit DMRC Delhi. He was posted on 1st shift duty at Keshavpuram Metro Station on 11/12/2019 under CISF Unit DMRC and a total of 11 days earned leave from 12/12/2019 to 23/12/2019 was sanctioned by the competent authority of the concerned unit. On 12/12/2019, petitioner had left for Anand Vihar Railway Station for going to his native place by an auto and a truck number UP 83 BT 8876 hit the said auto near Geeta Colony flyover Rajghat at around 0610 hours. In the said accident, petitioner and auto driver were injured and taken to LNJP Hospital Delhi. After first aid, petitioner was admitted to the trauma center of AIIMS Hospital where the doctors, after examining informed that there was a lot of fracture in his body (on the left side), two metal rods in the left thigh, metal chain in the waist and two long screws near the stomach were fixed and was discharged on 26/12/2019 by giving medical rest for a total period of 162 days from 12/12/2019 to 21/5/2020 and the petitioner was given fitness for duty from 22/5/2020. He was continuously performing his duty with CISF Unit DMRC Delhi.

(3.) Learned counsel further submits that the competent authority vide an inquiry report dtd. 10/6/2021 by the Court of Inquiry concluded as under: