JUDGMENT :

1. The petitioner was appointed as a Constable in BSF in the year 2000. He was found to be suffering from tuberculosis and remained under treatment in BSF Hospital, wherefrom he was referred to Chest Disease Hospital, Jammu. He remained there under treatment for 9 months. The petitioner was sent for training at STC, BSF Udhampur despite the fact that he had intimated his superiors about the disease, he was suffering from. On 20.02.2003, at the training ground due to severe pain, the petitioner almost collapsed but his instructor instead of taking him to Hospital or showing any sympathy; assaulted, slapped and kicked him several times and used filthy language against him. The petitioner, as such, left for Jammu for better treatment. On 21.02.2003, the petitioner being unable to move to his unit stationed at Sunderbani, sent a detailed representation to the IG, BSF Paloura and its copies to DIG, Udhampur and to his Commanding Officer. After recovering from the disease, the petitioner reported for duty but was arrested and awarded punishment for 7 days rigorous imprisonment. Thereafter, the petitioner was again sent for the same rigorous training at STC, Udhampur and the sam