Deepa Sharma, J.

1. The undisputed facts of the case are that the petitioner had joined the Border Security Force as Sub-Inspector and had retired as Deputy Commandant on 31st December, 2005 at the age of 57 years. W hen he was posted at Barmer, Rajasthan, he availed 30 days earned leave from the period 11th February, 2005 to 13th March, 2005 and came to Delhi.

2. The case of the petitioner is that during this period he had fallen sick on 7th March, 2005 and reported at the BSF Hospital, Tigri Camp, Delhi. The hospital noted on examination that he had a mild enlarged prostate gland apart from other clinical observations. He was, therefore, referred to the Surgical Specialist, Safdarjung Hospital for “thorough check-up and management” (page 12). On the 9th of March, 2005, the petitioner reported at the Safdarjung Hospital General Surgery Department for check up which referred him to the OPD of Department of Urology.

3. The petitioner remained on treatment at the Safdarjung Hospital thereafter and has placed copies of his OPD card, medical treatment and the reports of the radiology and pathology test performed on him on record. Information with regard to his illness was gi