RAJASEKHAR MANTHA,J. - (1.) The writ petitioner is a Constable in the Border Security Force. He is on the Combat Side of the Forces. In 1995, the writ petitioner suffered an injury in the form of a permanent disablement in his right eye while defending of an attack by dacoits in his native village. Accepting the factum of such incident a Court of Enquiry held that the injury which has become permanent in nature leading to permanent blindness in the right eye, has been sustained in course of duty. The said finding was, however, upset by a higher authority. No cogent reason is found by this Court for upsetting the finding of the Court of Enquiry as above.
(2.) The writ petitioner thereafter applied for promotion to the post of Head Constable. The promotion was declined as according to the Medical Board the permanent nature of the injury in the right eye leading to complete blindness in one eye would render the writ petitioner incapable of firing any weapon. The left eye of the writ petitioner was normal and fit.
(3.) This Court also finds that the instant proceeding is a third attempt by the writ petitioner to secure promotion.;