KULWANT SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This writ petition is under Article 226 and 227 of the Constitution of India for quashing the order dated 10.01.2002 passed by the Commandant, CISF Unit, Nalco, Angul, whereby and where under the petitioner has been medically boarded out due to suffering from Amputation from right Upper Arm.

(2.) Case of the petitioner in brief is that he while working as Constable in CISF under CISF Unit, Angul, he met with an accident on 11.09.2001 while travelling to his village and while trying to be boarded in the Train fell down, as a result, the Train ran over on his right hand above elbow which was completely detached from the body.

(3.) Learned counsel for the petitioner submits that CISF has been taken out from the purview of Section 47 by issuing the Notification under proviso to Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the said Notification has been issued on 10.09.2002, the occurrence took place on 11.09.2001 and the petitioner has been declared to be medically boarded out on 01.01.2002, as such he is entitled to get the benefit of Section 47 and in view thereof, he cannot be discriminated from medically boarded out service.