ORDER

1. Leave granted.

2. The appellant was serving as Lance Dafadar in regular Army. He served for more than 17 years as a combatant soldier and had served in the operational area during the 1965 and 1971 Indo-Pak wars. On 14-2-1976 he was proceeding on casual leave from Babina, his duty station to his home in district Faridkot (Punjab). While boarding the train at Babina Railway Station he got involved in an unfortunate accident as a result of which he fell down from the train and suffered severe injuries. His right leg came under the wheels of moving train and as such he was crushed below the knee. The leg was amputated at the military hospital, Jhansi on 17-2-1976. He was discharged from Army in December 1976 and he is being paid the pension due to him.

3. A court of inquiry was held which came to the conclusion that the journey was being performed on a concession voucher and the appellant being on casual leave was deemed to be on duty. The Commanding Officer, Lt. Col. K.K. Deva agreed with the findings of the inquiry and found that the injury was sustained by the appellant while he was on casual leave which under the Rules is treated as on duty.

4. Although the appellant was give