UNION OF INDIA AND OTHERS Vs. BRIJPAL SINGH

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 08.10.1015 as passed in WP(C) No. 147 of 2014, whereby the learned Single Judge of this Court has accepted the claim of the writ petitioner (respondent herein) to receive disability pension because of an injury sustained by him that was attributable to his service with the appellants in the Directorate General, Assam Rifles; and has allowed the writ petition with exemplary costs of Rs. 10,000/-.

(2.) Put in brief, the relevant background aspects of the matter had been as follows: The respondent/writ petitioner was enrolled in Assam Rifles on 06.01.1981 as Rifleman (GD). In the year 2006, he was included in a platoon created for confidential and special duty named Gathak Team. On 03.12.2007, while participating in an inter-battalion competition at Assam Rifles Training Centre and School, Shukhove, Nagaland at about 8 p.m. and while running on the road in darkness, the writ petitioner put his foot in cowdung and fell down; and as a result, sustained the injury of fracture of his femur bone. It appears that the writ petitioner was shifted to different hospitals for medical attendance and treatment and was ultimately discharged from 151 Base Hospital, Guwahati on 23.02.2008.

(3.) For the incident in question, a court of enquiry assembled at Head Quarter 25 Assam Rifles in the month of March, 2008 so as "to investigate into the circumstances under which JC-2500395F Nb/Sub (GD) Brijpal Singh got SEVERE TROCHANTERIC FRACTURE (RT) FEMUR on 03.12.2007". After examining the witnesses, the court of enquiry opined that,-