BHAGU RAM Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The Petitioner who is working as Constable with Central Industrial Security Force (CISF) has filed the present petition under Article 226 of the Constitution of India challenging the orders passed by the Respondents declining to regularize 317 days of leave as special disability leave. Factual Background

(2.) The brief facts leading to the filing of the present petition are that the Petitioner applied for leave for going to his home at Village Khandwa on 29th November 2010. His request was acceded to and he was granted leave from 30th November, 2010 to 5th December, 2010. Accordingly, the Petitioner availing the four days sanctioned leave, left for his home on 30th November, 2010 at about 6.00 pm. Unfortunately, while crossing the service road in front of INA Market, New Delhi a motor cyclist who was driving at high speed hit him. As a result of the impact, Petitioner suffered serious injuries and fractured his leg. He was admitted at Safdarjung Hospital and was given the necessary treatment.

(3.) The Company Commander, CISF sent an accident report to the Unit Commandant on 1st December, 2010 and vide letter dated 22nd December, 2010, Petitioner was granted one month medical leave. This was followed by a letter recommending two months' home rest w.e.f. 22nd January, 2011. Since the Petitioner was still undergoing treatment, after the expiry of one month's home rest, he requested for three months' extension. This request was accepted by the Respondents. Petitioner was again admitted in Hospital and had to undergo another operation on his leg on 11th July, 2011. This was also brought to the notice of the Commandant vide letter dated 12th July, 2011 written by the Assistant Commandant of the CISF to the Commandant of the CISF. By Note-sheet dated 19th July, 2011, Petitioner was recommended home rest, as he was not in a position to move.