RATI RAM Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved by his discharge from the Border Security Force [hereafter referred to as "BSF"/ "Force"], on the ground that he no longer fulfilled the medical standards stipulated. The order was issued by the respondent, (hereafter "BSF") after he completed 22 years service.

(2.) The petitioner was enrolled as Constable (General Duty) in the BSF, on 24.03.1990. On 03.12.1994, the petitioner, then posted as "D' Coy of 29th Battalion BSF (Now 33rd Battalion) was deputed to perform Road Opening Party (ROP) duty between K.P. Chowk to Mehandi Kadal Area in Anantnag, Kashmir. He completed patrolling, and moved a wooden log and sat on it. A powerful explosion occurred which resulted in serious injuries to him. The injuries were a result of mines placed by insurgents. He was evacuated to 92 Base Hospital, Srinagar, where his left leg was amputated below the knee. The petitioner was subsequently treated from time to time in various government hospitals, including 92 Base Hospital; Base Hospital, Jallandhar (upto 01.01.1996); Safdarjung Hospital, Delhi; PGIMS, Chandigarh, etc. He was fitted with a prosthetic leg at the Artificial Limb Centre. Earlier, a Staff Court of Inquiry (hereinafter referred to as "SCOI") was conducted to investigate the circumstances under which the petitioner got injured on 03.12.1994. It completed its report, which concluded that injuries sustained by petitioner were attributed to active bona fide government duty.

(3.) The BSF's Board of medical officers on 24.02.1996 placed him under "Low Medical Category CEE (Temp) " for six months. Thereafter, his medical category was assessed from time to time, and the last board of medical officers had assessed his medical category as S1H1A5 (L) (P) P1E1 and the petitioner was found unfit for further service in BSF. Thereafter, the BSF issued the impugned order, discharging him from its services.