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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12148/2025

MANJEET SINGH .....Petitioner

Through: Mr. Abhay Kumar Bhargava, Mr. Satyaarth Sinha, Ms. Shradha Mewatid, Advs.

versus

UNION OF INDIA & ORS. .....Respondents

Through: Mr. Balendu Shekhar, CGSC with Mr. Krishna Chaitanya GP, and Mr. Rajkumar Maurya and Mr. Divyansh Singh Dev, Advs

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT (ORAL)

% 19.11.2025

OM PRAKASH SHUKLA, J.

1. The present writ petition has been instituted under Article 226 of the Constitution of India, wherein the petitioner seeks a direction to the respondents to grant disability pension. The petitioner is further seeking quashing and deletion of (i) remark dated 23.11.2021 issued by the Commandant, 178 Bn BSF, (ii) the finding dated 03.12.2021 issued by the Deputy Inspector General, IG (HQ), Force Headquarters, BSF, and (iii) the remark dated 15.01.2022 issued by the Inspector General, (HQ), Force Headquarters, BSF. By virtue of the said remarks, it was concluded that the injuries sustained by the petitioner were not attributable to his bona-fide government service.

2. The facts leading to the filing of the present petition, as borne out from the record, are that the petitioner was enrolled as a Head Constable (Radio Operator) in the Border Security Force and was granted Earned Leave from 18.02.2019 to 24.02.2019.

3. On 24.02.2019, while returning to his duty station after his leave, the petitioner was involved in a serious motor vehicle accident on the Kulan-Bhuna Road, Fatehabad, Haryana. Thereafter, he was admitted to CMC Hospital, Hisar, and was later referred to Medanta Hospital, Gurugram, due to the severity of his injuries. In connection with this incident, an FIR was lodged at Police Station Bhuna on 01.03.2019, vide FIR No. 0070, under Sections 279 and 337 of the Indian Penal Code, 1860.

4. Subsequently, a departmental Court of Inquiry was convened by 178 Bn BSF to examine the circumstances of the accident. According to the respondents, the COI concluded that the injuries sustained by petitioner had no causal connection with bona-fide Government duty and was therefore not attributable to service. Thereafter, the Commandant of 178 Bn BSF, agreeing with the findings of the Court of Inquiry, recorded in the remarks dated 23.11.2021, that the injuries sustained by the petitioner on 24.02.2019, while returning from six days of Earned Leave, were not attributable to bona fide government service. The Commandant’s reasoning was based on the fact that the petitioner had not availed a Railway Warrant or LTC advance for his journey from Mathura to his hometown and for his return from his hometown to the Battalion Headquarters. It was further recommended

that the petitioner be referred to a duly constituted Medical Board for an assessment of his physical and medical fitness. The impugned remarks of the Commandant of 178 Bn BSF, later endorsed by the Deputy Inspector General (HQ) BSF on 03.03.2021, and the Inspector General (HQ) BSF on 15.01.2022, are reproduced below:

“I, therefore, recommends that:-

a) As per Rule 4(b) (iv), (v) of CCS (EOP) Rules 1939 and clarification issued by DIG (HQ) FHQ, the injury sustained by Regt No. 134208914 HC (RO) Manjeet Singh. ‘Signal PI' of 178 Bn BSF is not attributable to Govt, bonafide duty as individual did not availed Railway Warrant or LTC advance for journey from Mathura to Home Town or for his return journey from Home Town to Bn HQ.

b) The individual may be produced before medical board for assessment of his I physical fitness/medical category status.”

5. The Disability Medical Board at Civil Hospital, Fatehabad, Haryana, issued a disability certificate on 13.12.2022, declaring the petitioner to be suffering from 90% permanent disability. Additionally, the petitioner was classified in a permanent low medical category, i.e., S1 H2A5(S)(U)(L) P1 E1, as per the Medical Board Proceedings dated 12.01