RAM NAGINA YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Sanjay Kumar 'Om', learned counsel for the petitioner and Shri Praveen Kumar Srivastava, learned counsel for the respondents.

(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned orders dated 14.8.2007 and 23.2.2007 passed by respondent nos. 2 and 3 respectively. He has further prayed for direction commanding the respondents to reinstate him in service and grant him all consequential benefits including salary, seniority etc. By an amendment application allowed on 19.4.2012, the petitioner has also prayed for quashing the orders dated 11.1.2011 and 12.9.2012.

(3.) Brief facts giving rise to the present writ petition are that the petitioner was initially appointed on 25.9.1975 as Constable by the Commanding Officer, 2nd Battalion, Railway Protection Special Force, Gorakhpur (in short RPSF). While he was posted as Constable in "B" Company of 2nd Battalion of RPFS for law and order duty in State Police at Birds Sanctuary, Nawabganj, he was assaulted by one Shri Sham Lal, Company Commander, who used to keep malafide intention and grudge against the petitioner. As a result of assault, the petitioner fell on a Gamla (flower pot) and received injuries in his chest. He applied for medical leave, which was not granted by the Company Commander and he was sent to headquarters at Gorakhpur.