LALRAMDINTHARA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THE petitioner was appointed as a Constable in the Indian Reserve Battalion (IR Bn.), Mizoram on 18.08.1984. His service was thereafter confirmed on 13.09.1996. According to the petitioner, he suffered from spinal cord injury since May 2002 while he was posted in the 1st IRB, Mizoram. He consulted the Medical and Health officer of the battalion on 23.05.2002, who advised him for light duty for 2 (two) weeks. THEreafter the petitioner consulted a medical specialist, who diagnosed the petitioner as suffering from PIVD-LSD with lumbar canal stenosis syndrome. He was advised light work as per medical certificate dated 05.06.2002. In 2006 when the 2nd IR Battalion, Khawzawl was deployed in Chhattisgarh for conducting anti-naxalite operation, the petitioner was selected from the 1st IR Bn. for induction training course in the Counter Insurgency and Jungle Welfare School, Vairengte and for development in Chhattisgarh. THE petitioner has stated that while under-going pre-induction training, his back ache again surfaced for which he reported to the Medical Officer of the said battalion on 28.08.2006. He had also consulted a medical specialist that the Civil Hospital, Aizawl. THE petitioner claims that he had submitted an application to the Commandant,1st IR Bn. through his Personnel Assistant for excluding him from deployment to Chhattisgarh, but it appears for aforesaid application was not forwarded to the Commandant. Be that as it may, on conclusion of the training, the petitioner left for Barsoor, Chhattisgarh on 27.09.2006 with the rest of the 2nd IR Bn.

(2.) WHILE discharging his duties in Chhattisgarh, the petitioner's back problem aggravated and he reported to the Medical Officer attached to the 2nd IR Bn. on 27.10.2006, who advised him to avoid lifting heavy objects and bending forward. His health condition having not improved, the petitioner submitted an application for Earned Leave for 30 (thirty) days to the Commandant, 2nd IR Bn on 07.11.2006 through the Havildar H. Lalchhuanawma, which was forwarded by the Platoon Commander. When the petitioner was informed by his superiors that his leave application would not be granted and since he was unable to withstand his back problem, he had to leave Barsoor on 09.11.2006 for Aizawl for continuing his medical treatment at Aizawl. On 16.11.2006, the petitioner reached Khawzawl and went to the hospital, where he was referred to an Orthopaedic Surgeon. The petitioner reported back to the battalion headquarters at Khawzawl on 22.11.2006 and submitted his joining report. The joining report was forwarded by the administrative Inspector to the Commandant vide the forwarding letter dated 22.11.2006 wherein it was stated that the petitioner who had absented from Chhattisgarh with effect from 09.11.2006, had reported himself at the Bn. Headquarter on 22.11.2006 and that he absented for a period of 13 days with effect from 09.11.2006 to 21.11.2006. After he had joined, he was served with a calling notice dated 14.11.2006 issued by the Deputy Commandant, 2nd IR Bn. stating that he was found absent from duty without permission with effect from 09.11.2006. He was asked to resume his duty within 2 (two) days, failing which it was stated that departmental action would be taken against him. He consulted an Orthopaedic Specialist on 06.12.2006, who advised him to do a MRI an was referred to the medical board for medical examination. The petitioner appeared before the Board of Medical Examination, Government of Mizoram, Aizawl on 13.12.2006. After examaining him, the medical board diagonsed the illness of the petitioner as PIVD, observing that the illness of the petitioner is beyond the limit that can be investigated/managed in the Civil Hospital, Aizawl. The medical board, therefore, recommended that the pettioner may be allowed to go outside Mizoram for necessary investigation and treatment at GNRC Hospital, Guwahati with one attendant. WHILE the petitioner was making necessary arrangment for his treatment at GNRC, Guwahati, the Deputy Commandant, 2nd IR Bn. issued an order dated 21.12.2006 removing the petitioner from service.

(3.) THERAFTER vide letter dated 24.06.2009 the ptitioner was served with a report of the Inquiry Officer. In his letter to the Commandant, 2nd IR Bn., which formed part of the inquiry report, the Inquiry Officer stated that the inquiry was completed and on the basis of the documentary and oral evidences adduced during the hearing, the inquiry report was prepared and that according to the findings recorded, the charge against the petitioner stood proved as admitted by the petitioner during the preliminary hearing. In his analysis and assessment of the docum-entary and oral evidences considered by him during the inquiry proceeding, the Inquiry Officer noted as follows: