V HANUMANTHA REDDY Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) This writ petition is instituted by a constable of Central Reserved Police Force, seeking for declaring the action of the respondents in not sanctioning medical reimbursement amount of Rs. 1,75,863/- incurred by him while securing treatment at a private hospital for bullet injury sustained by him as bad in law. The petitioner joined the service of the Central Reserved Police Force, henceforth referred to as 'force' in the year 1895 (sic. 1995), as a Constable. While he was working at Group Centre, Ranga Reddy, he was permitted to live outside the campus due to non-availability of family accommodation at the group centre, at the relevant point of time. While he was proceeding for lunch on 03.09.1997, from his office to his residence, he sustained a bullet injury on his back from EME Lakeline Firing Range. The bullet exited through his abdomen causing him a grave wound. He was administered first aid at the Group Centre Hospital, Ranga Reddy. Then the Medical Officer referred him to Gandhi Hospital, Secunderabad, for receiving further treatment as the injury was a grave one. The petitioner was thus shifted from the hospital at the Group Centre of the force to Gandhi Hospital where he received treatment from 03.09.1997 to 15.09.1997. Unfortunately, inspite of undergoing a surgery and receiving treatment at the Gandhi Hospital, the condition of the petitioner has deteriorated. Discharge was noticed from the exit wound and on the fourth operative day, the petitioner developed 'fecal fistula' with Haematemesis and Melena. In view of the deterioration of his health condition, the family members of the petitioner requested for arranging treatment at Apollo Hospital, Hyderabad, a leading private hospital of repute. Accordingly, the petitioner has been shifted from the Gandhi Hospital on 15.09.1997 and was admitted to the Apollo Hospital. He remained as an in-patient in the said hospital till 06.10.1997 and was ultimately discharged after stabilizing his condition. During the course of his three weeks of stay at Apollo Hospital, the petitioner, in all, spent a sum of Rs. 1,75,863/- towards medication and other related expenses such as hospitalization and nursing charges. Further, the Chief Medical Officer of the Group Centre of the force Dr. Raju was overseeing all through the condition of the petitioner. Further when the family members of the petitioner solicited a shift to Apollo Hospital, Dr Raju, the Chief Medical Officer of the Force Hospital has himself overseen that the petitioner is shifted in an ambulance of the Force to the Apollo Hospital carefully as his condition at Gandhi Hospital has certainly worsened. The Additional Deputy Inspector General of Police, Group Centre, Ranga Reddy at Hakimpet of the force has ordered for a Court of Enquiry into the incident of bullet injury caused to the petitioner. The Court of Enquiry has found that, though the EME Lakeline firing range is nearly 2 kms away from the campus of the group centre, but nonetheless, because of improper standards maintained relating to the height of the protective wall to be maintained by the EME centre, stray instances of bullet injuries to the passers by are noticed. The Court of Enquiry has found that the petitioner has sustained the bullet injury right in front of the campus while he was on bonafide duty. Then, the Additional DIG, Group Centre passed an order on 20.10.1997 agreeing with the opinion of the Court of Enquiry that, when the petitioner has sustained the bullet injury in front of the campus of the force, Group Centre, he was on bonafide Government duty at 13.20 hrs on 03.09.1997 and hence the injury is attributable to the risk of Government Service. The Additional DIG has also passed an order that the petitioner is entitled for all service benefits as per rules, in the event of the petitioner becoming incapacitated for further service at a later stage, as a consequence of the bullet injury sustained by him on 03.09.1997. The Additional DIG has also noticed that this is the fifth incident of stray bullet injury sustained by CRPF personnel. He opined that these injuries are sustained due to improperly constructed/unsafe firing range of 1 EME Centre. It was also recorded that concerted efforts have been made by the Group Centre of the CRPF by approaching State authorities and army authorities, but they are of no avail. The DIG in his recommendations has noted that, in view of the increased habitation around these unsafe firing ranges, the gravest possible danger to the human lives is increasingly felt. He has also noted that these firing ranges do not conform to the technical requirements as prescribed by the Army Headquarters. Hence, he ordered that the matter should be taken up at the Director General Level with the Defence authorities for totally stopping usage of the unsafe firing ranges by the defence personnel.

(2.) The petitioner has submitted a detailed representation to the Deputy Director (Administration), Director General, CRPF, New Delhi, on 05.06.1998 pointing out that he happened to spend a huge sum of Rs. 1,75,863/- out of which Rs. 1,44,585/- is reimbursable and the balance amount of Rs. 31,278/- is not reimbursable as per the prevailing medical rules for which he has already submitted a medical reimbursement claim. It was rejected. He, therefore, solicited the reimbursement of the entire amount spent by him and for which purpose he instituted the present writ petition.

(3.) Heard Ms. A. Chaya Devi and Ms. P. Parimala, learned counsel for the writ petitioner and Sri S.S. Varma, learned Additional Central Government Standing Counsel for the respondents.