BIJAYA KUMAR SAHOO Vs. COMMANDANT

JUDGEMENT

(1.) THE petitioner, who was serving as a Constable (General Duty) in the Central Reserve Police Force (CRPF), has filed this writ petition challenging the order of his termination dated 6.1.2005 passed by the Commandant, 149 Battalion, CRPF, Bhubaneswar, O.P. No. 1, vide Annexure -4, as well as the order dated 1.9.2005 passed by the appellate authority, i.e., Inspector General of Police, E.S., CRPF, Kolkata, O.P. No. 3, vide Annexure -7, affirming the order of termination, as being illegal and arbitrary. Briefly stated, the case of the petitioner is that after being successful in the written as well as physical test held for recruitment to the post of Constable (GD), he was appointed as a Constable (GD) in the CRPF by order dated 15.5.2003 issued by the Addl. D.I.G., CRPF Group Centre, Bhubaneswar. The petitioner joined the service and was sent to 149 Battalion, Bhubaneswar, to undergo the basic training. He completed 9 months training in the field. During the training period, the petitioner suffered pain on his leg for which he was admitted to the Group Centre Hospital, Bhubaneswar, for treatment. After discharge from hospital and as per the advice of the doctor, the petitioner resumed the training. But unfortunately while on duty the petitioner received the notice of termination dated 7.12.2004 followed by the order of termination dated 6.1.2005, vide Annexure -4.

(2.) OPPOSITE party Nos. 1 and 2, i.e., the Commandant, 149 Battalion, CRPF, Bhubaneswar, and the Addl. D.I.G., Group Centre, CRPF, Bhubaneswar, have filed a counter affidavit wherein they have averred that the petitioner was appointed as a Constable (GD) in the CRPF with effect from 30.5.2003 and he reported to duty on 1.8.2003 at 149 Battalion, Bhubaneswar, for undergoing the basic training. During such training, on 24.12.2003 while the petitioner was running on the parade ground along with others, he fell down and sustained injury on his left knee. He was admitted to the Group Centre Hospital, Bhubaneswar, on 26.12.2003 after being diagnosed to have sustained a facture of upper third tibia left. The petitioner remained in the hospital till 4.2.2004 and on 5.2.2004 he was declared fit. He went on mid term break from 7.2.2004 to 20.2.2004 where after he resumed the training. On 30.3.2004 the petitioner while on his way to the lecture room, he was called by his Instructor and when he turned to his left, he suffered a fracture on his left knee for which he was immediately shifted to the G.C. Hospital where he remained under treatment till 2.4.2004. On 3.4.2004 he was referred to the S.C.B. Medical College Hospital, Cuttack, for specialized treatment and remained there till 10.5.2004. The petitioner underwent an operation on his left knee and on 11.5.2005 he was re -admitted to G.C. Hospital. On 12.6.2004 he was sent to the S.C.B. Medical College Hospital for check up. The Medical Officer of the S.C.B. Medical College Hospital opined that the broken knee was not set properly for which he advised for regular check up at an interval of one month till the knee was set completely. The Court of Enquiry, which was set up to find out the circumstances in which the petitioner had sustained injury, came to find that the petitioner sustained the injury during the basic training and no one was responsible for such injury/incident. On the recommendation of the Court of Enquiry, final opinion was sought for from the Chief Medical Officer, l/C. of G.C. Hospital, Bhubaneswar, who opined that the petitioner with a pathological fractured tibia was not fit to resume training due to past illness and accordingly the services of the petitioner were terminated after giving one month's notice under Rule 5(1) of the Central Civil Services (Temporary Services) Rules, 1965.