INDRAJ SINGH Vs. UOI

JUDGEMENT

(1.) The petitioner in this case has prayed for a direction of this court to conduct a Court of Inquiry qua examining and giving opinion as to whether the condition of the petitioner is attributable or aggravated by his service conditions. It appears that while deployed at Tripura between 26th January, 2001 to 11th February, 2001, the petitioner was treated in the Battalion Headquarters at Nalkata as a suspected case of PF Malaria. Upon discharge on 11th February, 2001, he was advised line rest for two days. The petitioner has submitted before us that his condition did not improve and on 20th February, 2001 he had applied for 60 days earned leave for "self treatment". This application was processed by the Commandant as well as Dr.B.N.Das. The petitioner also submits that he had been advised to take leave and for treatment in some good hospital for the reason that there was no good facility available within reach at the petitioner's place of posting. The petitioner was also advised not to proceed alone on sick leave to his own station and was advised to search for a person of his own station who could accompany him upto his house. He has claimed before us that HC Budhram who belongs to Jaipur was requested by the petitioner and had accompanied him to his home town. The petitioner submits that the earned leave was sanctioned only after the intervention by Dr.B.N.Das on 8th March, 2001. It is the petitioner's contention that all these circumstances clearly establish that the petitioner developed the disease while on bonafide duty and that he was not well when he proceeded on leave as advised.

(2.) Accompanied by HC Budhram the petitioner was able to reach his house only on 11th March, 2001. Without any delay on 13th March, 2001, the petitioner was taken to SMS Hospital, Jaipur as he was feeling severe headache and pain in spinal cord accompanied with the blockage of his urinary passage. The petitioner has submitted that he remained unconscious for two days and thereafter felt paralysed in lower half portion of his body. This position has continued thereafter.

(3.) On 19th April, 2001, an application for leave was sent on behalf of the petitioner to the Unit. On 6th August, 2001, the petitioner was brought from Jaipur and he received treatment at the All India Institute of Medical Sciences (AIIMS), Delhi till 6th October, 2002.