New Delhi
In an important decision last month the Hon’ble Delhi High Court has directed Border Security Force to convene a Court Of Inquiry in a eleven year old case of an injury sustained by an officer of BSF. The order, whose copies were received last week, directs the Force to order COI within eight weeks of the order dtd 18 April 2011.
10.5.2011
In an important decision last month the Hon’ble Delhi High Court has directed Border Security Force to convene a Court Of Inquiry in a eleven year old case of an injury sustained by an officer of BSF. The order, whose copies were received last week, directs the Force to order COI within eight weeks of the order dtd 18 April 2011.
During arguments learned counsel for BSF informed that it may be difficult for a unit officer to affirm or deny nature and other facts of injury. The counsel stated that the correctness of the fact can be ascertained only at a Court Of Inquiry.
Setting aside BSF counsel’s contention that the concerned officer is now medically fit and that some of the witnesses have since retired, the double bench of Hon’ble Mr. Justice Pradeep Nandrajog and Hon’ble Mr. Justice Suresh Kait directed the respondents to convene a Court of Inquiry with respect to the alleged incident dated 28.09.1999.
The petitioner Raj Kumar Basatta, Second-in-Command in BSF, had claimed to have suffered an injury in an operation against armed militants during Anti-insurgency Operation on 28.09.1999. The petitioner claimed that as a result of the fall he received an injury in the knee and his jaw got fractured.
However, his Deputy Commandant Sh A. Asthana, considered the injury as a minor injury and accused officer of feigning a serious injury. Sh Asthana further did not report the matter to his Hqrs and did not order the mandatory Court Of Inquiry to find out facts of the injury resulting in delay in treatment and other complications.
The petitioner Raj Kumar Basatta, Second-in-Command in BSF, had claimed to have suffered an injury in an operation against armed militants during Anti-insurgency Operation on 28.09.1999. The petitioner claimed that as a result of the fall he received an injury in the knee and his jaw got fractured.
However, his Deputy Commandant Sh A. Asthana, considered the injury as a minor injury and accused officer of feigning a serious injury. Sh Asthana further did not report the matter to his Hqrs and did not order the mandatory Court Of Inquiry to find out facts of the injury resulting in delay in treatment and other complications.
Further due to misrepresentation of facts by Sh A Asthana and Sh Sushil Kumar Singh, 2IC, the officer was charge-sheeted for being absent from duty for treatment of his injury and was tried and punished by GSFC in 2001.
Arguing for the officer Ms Rekha Palli, Advocate pleaded that in the absence of a fact finding Court Of Inquiry the nature of the injury and urgency of treatment could not be considered by his commanding officer and later by Hon'ble GSFC. She further pleaded that though there is permanent deformity in the jaw still its status of having been sustained during an operation is not officially established and this might harm the interests of the officer in future as well.
The Hon’ble Court has directed that the order convening Court of Inquiry would be issued by the competent authority within a period of 8 weeks from the date of judgement.
The Hon’ble Court has directed that the order convening Court of Inquiry would be issued by the competent authority within a period of 8 weeks from the date of judgement.
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