- (1.) Heard learned counsel for the parties. Petitioner Sri Dileep Kumar Singh was employed as Assistant Commandant in Central Reserve Police Force. The petitioner sustained injuries in his spinal cord and major fracture in both foot due to fall from roof top of Quarter Guarding during checking night guard.
(2.) He has been confined to wheelchair for last several years. Under an interim order passed in the connected Writ Petition No. 30278 of 2004 filed against the proposal to board out from service, he was allowed to serve upto 24.5.2011, i.e. when the interim order was vacated permitting the respondent Central Reserve Police Force to take appropriate final decision in the matter. The Deputy Inspector General of Police (Personnel) by an order in the name of President of India has taken a decision qua the petitioner with reference to the Notification dated 10.9.2002 issued under Section 33/47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the 'Act-1995') to board out the petitioner on invalidation pension.
(3.) This order of Deputy Inspector General of Police (Personnel) is under challenged in the connected second writ petition No. 42011 of 2011. The short controversy involved in the petitions is confined to the interpretation of the Proviso to Section 47 of the Act, 1995 and the scope of Notification dated 10.9.2002.;