The court ruled that the findings of the Staff Court of Enquiry lacked conclusive evidence, necessitating recognition of the petitioner's medical conditions as service-related for promotion eligibility.

ORDER :

Rajesh Shankar, J.

1. The present writ petition has been filed with following prayers:-

(i) For quashing the findings recorded by the Staff Court of Enquiry (SCOI) on 20.02.2021 wherein it has opined that petitioner had never suffered from Prolapsed Intervertebral Disc (PIVD) and hence the PIVD could not have developed or aggravated or manifested due to injury sustained by the petitioner on 21.12.1994 while undergoing training (PW Course) at Central School of Weapons and Tactics (CSWT) BSF, Indore.

(ii) For issuance of an appropriate writ, quashing the order dated 08.04.2021 passed by the Additional Director General, HQ Special DG Eastern Command who while agreeing with the findings as well as opinion of SCOI has directed that discase “Ankylosing Spondylitis” suffered by the petitioner will be treated as not attributable to government service.

(iii) For commanding upon the respondent authorities to consider the opinion and finding recorded by the Presiding Officer, Staff Court of Enquiry on 22.07.2004, agreed by the Inspector General, BSF, North Bengal Frontier vide remarks given on 22.07.2005 as well as opinion of the Medical Board approved by the IG/Director (Medical), Directorate, BSF (Ministry of Home Affairs) on 27.03.2014 wherein it was observed that, the injury suffered by the petitioner on 21.12.1994 while doing PW Course and progressive sufferings i.e. “PIVD with Ankylosing Spondylitis” was attributable to his government bona fide duty.

2. The factual background of the case, as emanating from the writ petition, is that the petitioner joined Border Security Force (BSF) as Assistant Commandant (Direct Entry) in December 1991 and after successfully completing the basic training, he joined the 171 Battalion, BSF at Satrana, Annopgarh, Rajasthan in the month of January, 1993. Since April, 2020 he is on Deputation in Jharkhand Police and is posted as Superintendent of Police (Operation) Jharkhand Jaguar (Special Task Force), Ranchi.

3. The Petitioner had successfully undergone pre training course of Combat Platoon Weapon (P.W) at Subsidiary Training Centre, BSF, Kashmir from 31.10.1994 to 12.11.1994 and Combat PW Course from 21.11.1994 to 14.01.1995 at Central School of Weapons & Tactics (CSWT), Indore (M.P.) as well as Young Officers Integrated (Commando) Course from 21.01.1995 to 01.04.1995 at BSF Academy, Tekanpur (M.P.).

4. The Petitioner was medically examined by the Medical officer-Dr Digvijay Singh, 171 Bn BSF on 28.10.1994 and was declared 'FIT' before proceeding for pre-training course as well as the other related courses by issuing Medical Certificate to him in this regard.

5. In the morning of 21.12.1994, the petitioner fell down on his back on a metal road while carrying out routine road running exercise outside the BSF campus and sustained serious injuries in the left back side ribs along with spine. The Petitioner was taken to hospital at CSWT, BSF, Indore by other fellow officers attending the course where he was given regular treatment by Dr. R. S. Gupta, Chief Medical Officer (Selection Grade) and the other doctors posted there.

6. After completion of PW Course, the petitioner was sent to attend Commando Course, but due to his injuries, he could not attend/complete the said course and remained admitted in B.S.F., Composite Hospital, Tekanpur from 27.01.1995 to 07.02.1995 with final diagnosis of fracture in left 9th, 10th & 11th ribs.

7. The medical categorization of BSF Personnel is made after assessing his/her fitness under five sectors of health status in terms with the code letters ‘SHAPE’ which denotes:- S-Psychological, H-Hearing, A-Appendages, P-Physical capacity, E-Eye sight and functional capacity of BSF Personnel to serve one’s duty is graded under each factor in the scale from 1 to 5 indicating declining/increasing functional efficiency as well as employability limitations.

8. A medical categorization Board was constituted on 03.07.1996 and the petitioner was placed under low medical category as S1,