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2010 Supreme(P&H) 117

PERMOD KOHLI
Capt Paramdeep Singh – Appellant
Versus
Union Of India – Respondent


Judgment

PERMOD KOHLI, J.

1. Questioning the denial of extension in service and grant of disability pension, the petitioner has filed this writ petition challenging both the orders Annexures P-2 and P-3, annexed hereto in this petition.

2. Facts leading to the filing of this petitioner are briefly noticed. The petitioner was commissioned in Indian Army as 2nd Lieutenant on 11.3.1989. He was posted to 503 ASC Battalion Leh. Petitioner was deputed for an administrative duty.

3. On 2.12.1989, the petitioner was proceeding from his battalion to another Battalion 528 in the official vehicle. He was himself driving the vehicle. When the vehicle reached near Pathar Sahib gurudwara, on Leh-Kargil road, it overturned on the hilly terrain. It is alleged by the petitioner that the said accident was on account of mechanical failure. The petitioner and other officials travelling in the vehicle were injured. The petitioner was evacuated to Military Hospital and thereafter to the Command Hospital, Western Command, chandimandir Cantt.

4. A Court of Inquiry was convened to inquire into the causes of accident. The Court of Inquiry gave following findings: -

"1. On 02nd Dec.89 the Veh Jonga No.84b 276












































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