RAJESH SHUKLA Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner was enrolled as a Constable with CRPF and in the month of March 19, 1992 was transferred to the 80 th Battalion stationed in Batala, in the State of Punjab. Terrorism was at its peak in the State of Punjab. As the sun was setting, information was received that the Deputy Chief of Khalistan Commando Force (Zaffarwal), Khajan Singh s/o Vasan Singh has taken shelter in a farm house in village Satowali. This information was received by the SHO of P.S. Ghuman. A search of the area was organized. Apart from the local police, two platoons of CRPF: E/80 and B/80 were to assist the local police. As the members of the two platoons crossed village Langiawali and were proceedings towards village Talwandi, just at the outskirts of village Langiawali, from the house of one Mangal Singh, the police personnel and the CRPF personnel came under very heavy fire. The police personnel and CRPF personnel took position and returned the fire. The petitioner sustained life threatening four bullet wounds and Ct.Randhir Singh sustained one bullet wound. These facts are admitted by both sides.

(2.) But under what circumstances during the combing and flushing operation the petitioner sustained the bullet injuries and whether he exhibited exceptional courage and/or conspicuous devotion to duty is in dispute. The petitioner fights for not only an honour but even a gallantry medal, and if he succeeds, the petitioner would be entitled to a monthly sum, which we were given to understand at the hearing of the petition would be about Rs.4,000/ - per month.

(3.) The policy guideline dated March 01, 1951, as amended on July 28, 2006, envisages a Presidential Police Medal as also a Police Medal to be awarded to those members of the police force or a Central Paramilitary Force who have performed acts contemplated by the two clauses of the policy as per which a Presidential Police Medal or a Police Medal could be awarded.