G.M. GOUZAMING KUKI Vs. UOI AND ORS.

JUDGEMENT

(1.) The Petitioner, a Lance Naik in the Border Security Force ("BSF") is aggrieved by the order of dismissal issued to him on 16.01.1996 pursuant to a trial by the Summary Security Force Court (SSFC). He seeks directions for quashing of the proceedings and the order of dismissal.

(2.) The petitioner, a Lance Naik was attached to the 96th Battalion in the BSF. On 08.07.1993, he was on duty as a driver at Subji Mandi, Bala Mura Road, Srinagar when there was a militant attack. The attack was conducted with bombs and grenades, as a result of which splinters entered his head. It was pointed out that one colleague died immediately in the ambush. The Petitioner was admitted to the Army hospital in Srinagar for several weeks, and he proceeded on Medical leave for two months. During this leave, the Petitioner was treated in the District Hospital, Churachandpur, Manipur. The treating doctor certified on 05.01.1994 that the Petitioner was no longer fit for active service, and that he was suffering from 'permanent conduction of deafness of left ear and nervous breakdown'. The documents pertaining to his treatment at the Army Hospital, Srinagar are, however, not before us today.

(3.) On the expiry of his medical leave, the Petitioner reported to his Battalion and submitted the Medical Certificate. He claims that he was retained in service instead of being discharged with 'invalid pension' under Rule 38 of the Central Civil Service (Pension) Rules. In May 1994, he was treated again at the BSF Hospital in Jammu and Kashmir due to continuing problems with his hearing and mental state. He was referred to the Psychiatry Department of Medical College in Jammu. On 05.01.1995, the Petitioner was examined by a Medical Board. The Board opined that he was suffering from 'effect of splinter injury head with anxiety somato -form disorder'. The Board considered the Petitioner unfit to remain in category AYE and recommended that he be kept under medical category CEE(T) for a year.