Judgment

R.F. Nariman, J.

1. Leave granted.

2. These appeals raise an interesting question as to the interpretation of a proviso contained in Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short the “1995 Act”).

3. The facts giving rise to these appeals are as follows:-

On 1st January, 1998, the respondent was enlisted in the CRPF as Assistant Commandant. While on duty, on 19th October, 2001, he sustained grievous injuries in his spinal cord and legs while he was out on a visit checking night guards. Thereafter, he was provided with specialized treatment in various hospitals, but nothing worked and, ultimately, a medical board in its report dated 22nd July, 2004 categorized the respondent as PEE-5, i.e., a person who is permanently incapacitated and stated that he has 100% disability and recommended that he be relieved from service on medical grounds. On 27th October, 2004, a show cause notice was served on the respondent along with a copy of the report of the medical board with a direction to submit his representation, if any, against the proposed invalidation from service on medical grounds. Instead of repre