LEHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of the present petition, the petitioner seeks mainly the following reliefs:-

(2.) The undisputed facts are that in the year 1988, the petitioner was enrolled in the 10th Battalion of Indo Tibet Board Police (ITBP). While performing his duties in the State of J&K to combat terrorism, he sustained bullet injuries in his right leg and stomach thus a Court of Inquiry (COI) was conducted to look into the bullet injures sustained by the petitioner along with his other three companions. The facts which came to light in such enquiry were that on 12.10.2000, the then Deputy Commandant (Operations) Shri Roop Singh Rana was posted in office at Kumar Post. He had received information that 5-6 terrorists made an entry in the office area. Sh. Roop Singh aforesaid called Inspector/GD Jagdish Ram Guleria and Inspector/GD Jeet Ram the Senior Most Subordinate Officers posted at the said post for discussion on this matter. Thereafter, they decided that since it had become dark thus, it would be difficult to prepare troops and to reach the spot. Therefore, a plan was prepared to seize and search (mission) in the morning of 12.10.2000.

(3.) Because of the injuries received by the petitioner, he sustained 70% disability due to G.S.W (L) hip/abdomen as per opinion of Surgical Specialist of 92 BH (Army) Srinagar (J&K). The certificate is Annexure P1.