JUDGMENT :

S.N. Prasad, J.

This writ petition is under Article 226 and 227 of the Constitution of India for quashing the order dated 10.01.2002 passed by the Commandant, CISF Unit, Nalco, Angul, whereby and where under the petitioner has been medically boarded out due to suffering from Amputation from right Upper Arm.

2. Case of the petitioner in brief is that he while working as Constable in CISF under CISF Unit, Angul, he met with an accident on 11.09.2001 while travelling to his village and while trying to be boarded in the Train fell down, as a result, the Train ran over on his right hand above elbow which was completely detached from the body. The petitioner was shifted to S.C.B. Medical College and Hospital, Cuttack and discharged on 8.10.2001. The petitioner thereafter has permanently declared incapacitated for further service as Constable in C.I.S.F., in terms of the procedure laid down in C.C.S. (Medical Examination) Rules, 1957 incorporated in Appendix-9 to C.C.S. (Pension) Rules, 1972 and Rule 38 of C.C.S. (Pension) Rules, 1972.

Case of the petitioner as has been pleaded in the affidavits is that while passing the order dated 10.01.2002, the provision of Section 47 of the Pe