PRADIP BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. D Ghosh, learned counsel for the petitioner and Mr. H Sarma, learned Additional Senior Government Advocate for the respondents.

(2.) The petitioner was appointed as a Home Guard as per the order dtd. 12/11/1996 of the District Commandant, Home Guards, Nalbari. The petitioner also underwent advance training for Home Guards in the Central Training Institute of Home Guards and Civil Defence at Panikhaiti, Guwahati. As per the terms of engagement of Home Guards, the petitioner continued to serve in the department. On 15/3/1997, the Manager of Nagrijuli Tea Estate namely Sukhpal Singh who came to Guwahati was provided with the escort cum security and in one of the cars carrying the security personnel, the petitioner Pradip Barman was also detailed for duty. On the way back to the Tea Estate at a place near Rarne Subri village on the Nagrijuli Tamulpur road, the convoy of the Manager of Nagrijuli Tea Estate was attacked by certain extremist elements and while performing his duty of providing security to the Manager of the Tea Estate, the petitioner sustained certain bullet injuries. The incident also resulted in Tamulpur PS Case No. 46/1997 u/s 120/120(A)/357/302/326 IPC3.

(3.) The petitioner who had received bullet injuries in the incident was admitted to the Nalbari Civil Hospital and later referred to the Guwahati Medical College and Hospital for better treatment of his injuries and the said incident had resulted in a disability of the petitioner leading to a disability certificate in the form of Unique Disability ID issued by the Government of India. The Unique Disability ID of the petitioner provides that the petitioner is suffering locomotor disability with a percentage of 50%.