Sabhajeet Yadav, J. - (1.) Brief facts leading to the case are that the petitioner was recruited as Constable on 22.3.1983 in Central Reserve Police Force. While he was undergoing Counter Insergency Anti Terrorists Course at Awadi (1 Madras) after completing the aforesaid requisite training on the last day when the petitioner was appearing in swinging jump (Jhoola jump), the rope was broken and the petitioner met with an accident and suffered fracture at knee and also at back bone in the year 1994. On account of aforesaid serious injuries sustained by the petitioner he was admitted at CRPF Base Hospital on 25,4.1994 for his treatment. The petitioner remained under treatment in ,CRPF Base Hospital upto 8.8.1994. By the order dated 26.4.1994 he was referred to All India Institute of Medical Science, New Delhi and on 27.4.1994 his treatment at All India Institute of Medical Science was started and the petitioner was admitted for his operation on 19.8.1994 and was discharged on 27.8.1994. In All India Institute of Medical Science on 23.8.1994 the petitioner's knee (ACL Tier) re-constructed. It appears that under the treatment provided to the petitioner he could not recoup properly, therefore, again on 28.8.1994 the petitioner was admitted to CRPF Base Hospital at New Delhi and remained under treatment as In-door patient upto 24.11.1994. On account of aforesaid serious injuries sustained by the petitioner and also having regard to the prolonged treatment provided to the petitioner the Head of department i.e. respondent No. 2 thought it proper to post the petitioner for official work and vide order dated 21.11.1996 he was posted at the office of the Group Centre, CRPF, Allahabad. It is alleged that on account of aforesaid injuries sustained by the petitioner he was again treated in District Hospital, Allahabad i.e. T.B. Sapru Hospital, Allahabad. But in T.B. Sapru Hospital, Allahabad no proper treatment could be provided to the petitioner, therefore, the petitioner was transferred to Neuro Surgeon at Swaroop Rani Nehru Hospital, Allahabad where he has been operated by Dr. S.P.S. Chauhan and remained under treatment at Swaroop Rani Nehru Hospital, Allahabad w.e.f. 20.4.1999 to 3.5.1999. It is further alleged that even today the petitioner is under continuous close watching of Neuro Surgeon at Allahabad as per prescription of the Doctor dated 20.7.1999. According to the petitioner since he has been transferred to Group Centre Office at Allahabad only on medical ground, and the petitioner is physically not in a position to move at the active/mountain areas and even he is not fit to wear heavy shoes and heavy weight work has also been not allowed to the petitioner. 72 Battalion CRPF in Assam is an active service facing the terrorists. 72 Battalion CRPF in Assam is presently posted in mountain areas and it is not proper to the petitioner to go in such active service for the simple reason that he is still under medical treatment since 1994 till date. But by order dated 9.7.1999 a serious punishment has been awarded against the petitioner by transferring him from the office of Group Centre, Allahabad to 72 Battalion CRPF in Assam. Just after receiving the aforesaid order of transfer, the petitioner brought complete facts to the notice of authority i.e. respondent No. 3 by making a detailed representation dated 21.7.1999 through proper channel. While challenging the validity of the order dated 9.7.1999 the petitioner has filed writ petition No. 32353 of 1999. On 4.8.1999 the aforesaid writ petition was disposed of finally with the direction to the respondent No. 3 to consider the petitioner's representation and for the period of two months the order of transfer has been directed to be kept in abeyance.
(2.) It is further alleged that during the course of petitioner's tenure at Allahabad, the Director General of C.R.P.F. issued a Circular on 6.5.1999 containing the policy for rehabilitation of C.R.P.F. employees who have lost any part of the body or suffered any disease during the course of his duties. The copy of Circular is on record as Annexure-11 of the writ petition and Annexure-7 of the supplementary counter affidavit. In pursuance of the aforesaid policy the petitioner has moved an application on 15.9.1999 (Annexure-14 of the writ petition) for his rehabilitation before Additional Inspector General of Police, Group Centre, C.R.P.F., Allahabad. The aforesaid application was forwarded on 16.9.1999 by the Officer Commanding, C.R.P.F., Allahabad to D.I.G., Allahabad for its consideration in original. On 18.9.1999 under the direction of Inspector General, C.R.P.F., Central Sector dated 16.9.1999 the petitioner was required to be examined by the Board of Medical Officers comprising of Dr. S.K. Parimal, Dr. Ashok Kumar and Dr. Prem Kumar, All were Chief Medical Officers. Meanwhile vide order dated 5.10.1999 passed by Inspector General of Police, C.R.P.F., Lucknow in compliance of the order dated 4.8.1999 passed by this Court in Writ Petition No. 32353 of 1999 filed by the petitioner, his representation was rejected and he was directed to be relieved w.e.f. 1st December, 1999 to report his duty to Commandant, 72 Battalion, C.R.P.F. in Assam. It has also been mentioned in the aforesaid order that as regards the rehabilitation and invalidation of individual another letter will be issued. Challenging the validity of order dated 5.10.99 as well as order dated 9.7.99 the petitioner has filed another writ petition No. 44734 of 1999, which is still pending before this Court without any interim stay order. During the pendency of aforesaid writ petition the petitioner received a show cause notice on 11.11.1999 whereby on the basis of opinion of Medical Board, the petitioner was required to submit his explanation as to why the petitioner may not be invalidated out from service. The aforesaid show cause notice was replied by the petitioner on 7.12.1999 but without properly appreciating and considering the reply submitted by the petitioner the impugned order dated 11.12.1999 has been passed whereby the petitioner has been invalidated out from service w.e.f. 11.12.1999 in accordance with Appendix-09-CCS Pension Rule, 1972 and para 2-A pf Government of India decision No. l. Feeling aggrieved against which the petitioner has filed above noted writ petition challenging the order dated 11.12.1999 contained in Annexure-20-A of the writ petition passed by Addl. D.I.G. (Police), Group Centre, C.R.P.F., Allahabad.
(3.) A detail counter affidavit and a supplementary counter affidavit has been filed on behalf of respondents of the writ petition, wherein in substance it has been stated in para 9 and 11 of the counter affidavit that the petitioner was transferred to Group Centre, C.R.P.F., Allahabad not on medical ground from 115 Battalion, C.R.P.F. but his transfer was as a general case on rotation basis to give equal chance for static posting like Group Centre to persons who have already completed tenure of their duties of Battalion posting in the field. In para 14 of the counter affidavit it is stated that the transfer to Group Centre and rehabilitation has nothing to do with each other At Group Centre a period of three years have already been completed by the petitioner. Thereafter he was transferred from Group Centre, C.R.P.F., Allahabad to 72 Battalion. In para 17 of the counter affidavit it is stated that a medical board was constituted to examine the petitioner for assessing his suitability for retention in service and/or invalidation. The Board of Medical Officers have examined the petitioner and after examination held that petitioner is completely and permanently incapacitated for further service of any kind in the department of C.R.P.F.. Accordingly IGP, C/S, CRPF, Lucknow vide his letter dated 6.10.1999 directed to take action for invalidation as per report of Medical Board. In pursuance thereof a notice for invalidation was issued with direction to the petitioner to submit his reply, if any, within one month on 11.11.1999. In pursuance of which petitioner has submitted his reply on 7.12.1999. After consideration of his reply he has been invalidated out from service w.e.f. 11.12.1999 vide office order dated 11.12.1999. In para 21 of the counter affidavit it is further stated that there is no connection between the medical examination and order dated 5.10.1999 passed by IGP, C/S, CRPF, Lucknow. The order dated 5.10.1999 was speaking order on the representation of petitioner dated 21.7.1999 against the transfer whereby the petitioner's representation has been rejected by speaking order on the ground mentioned therein and the petitioner was to be relieved on 1.12.1999 to report his duty to Commandant, 72Battalion, CRPF. It is further stated in para 24,25,26 and 27 of the counter affidavit that after considering the report of the Medical Board and reply submitted by the petitioner against show cause notice dated 11.11.1999 the petitioner has been invalidated out from service w.e.f. 11.12.1999 vide office order dated 11.12.1999. .;