Sudhir Agarwal - (1.) Heard Sri Saurabh Gupta, Advocate, holding brief of Sri Shivam Yadav, Advocate, for petitioner and Sri Ashok Singh, Advocate, for respondents.
(2.) This writ petition under Article 226 of Constitution has been filed by sole petitioner, Raj Bahadur Singh, being aggrieved by order dated 06.04.1999 passed by Commandant, 62 Battalion, Central Reserve Police Force, Ashiyana Lucknow (hereinafter referred to as "Disciplinary Authority") holding that petitioner met accident when proceeding on leave, therefore, cannot be said to have sustained injuries in discharge of duties and, therefore, is not entitled for medical reimbursement/damages/ compensation. Against the aforesaid order, petitioner preferred an appeal but the same has been dismissed by Deputy Inspector General of Police, Central Reserve Police Force, Rampur (hereinafter referred to as "Appellate Authority") by order dated 05.04.2004 and Revision preferred by petitioner has also been rejected by order dated 01.10.2004 passed by Inspector General, Central Reserve Police Force (hereinafter referred to as "Revisional Authority"). These appellate and revisional orders have also been challenged.
(3.) Facts, in brief, giving rise to present writ petition are that petitioner was enrolled as Constable in Central Reserve Police Force, (hereinafter referred to as "CRPF") on 18.11.1991. Initially he was posted at Lucknow wherefrom transferred to Rampur. To attend his ailing mother, he applied for leave from 14.12.1998 to 16.12.1998 but met an accident on 14.12.1998 at around 5.00 PM near his house and sustained serious injuries. He remained hospitalized and under medical treatment for a long time, i.e. upto 16.08.2001. He rejoined duties on 17.08.2001. On 23.11.2001 while going to his duty from his official residence by Bicycle, he fell down and sustained injuries on his right leg which was already damaged in the earlier accident. The second accident aggravated damage resulting in amputation of his right leg, in the Hospital, where he was admitted on 24.11.2001. Petitioner, therefore, was rendered medically disabled to discharge further duties. Thereupon he requested for compensation for disability but Disciplinary Authority by order dated 06.04.1999 rejected the same and petitioner's Appeal and Revision have also been rejected vide orders dated 05.04.2004 and dated 01.10.2004, respectively.;