VENKATESH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The Petitioner who is present as an Assistant Commandant (AC) in the Central Reserve Police Force (CRPF) has approached this Court aggrieved by the denial of his promotion as Deputy Commandant (DC).

(2.) The background facts are that the Petitioner joined the CRPF as a directly appointed Gazetted officer in the 2008 batch on 14th January 2008 and was appointed as AC. Upon completion of his training, he was posted with the 69th Battalion CRPF, Shillong and remained there till December 2012. In January 2013 the Petitioner was posted as an instructor at the Counter Insurgency and Anti-Terrorist (CIAT) School, Silchar. He started started working there in the capacity of AC (Explosive). On 29th January 2013 while playing badminton during the games period in the evening, the Petitioner was accidently hit in the left eye by a shuttle cock. Between 30th January 2013 and 8th February 2013 the Petitioner received treatment at the Silchar Hospital. Thereafter he was shifted to the All India Institute of Medical Sciences (AIIMS) in Delhi where he underwent treatment between 9th and 12th February 2013. He continued receiving treatment at AIIMS from 14th to 20th February 2013. The Petitioner reported back to CIAT School, Silchar on 2nd March 2013 after his treatment. Upon return, he was placed in the medical category E-3 i.e. S1H1A1P1E3.

(3.) A Court of Inquiry (CoI) was held to investigate into the circumstances under which the Petitioner had sustained the above injury. By an order dated 20th April 2013 the CoI came to the conclusion that "Officer has been injured during government duty and his treatment will be done on government expenditure".