PUNJAB & HARYANA HIGH COURT PASSES STRICTURES AND IMPOSES A FINE OF RS 50,000 ON THE GOVT FOR MISLEADING THE COURT IN A DISABILITY PENSION CASE (Link with Indian Military. Info)
Shocking would be too light a word to describe the extent to which our Record Offices can go to defeat claims of our own disabled soldiers. And 2011 HAS BEEN DECLARED THE YEAR OF THE DISABLED SOLDIER !!!
A petition filed by a boarded out disabled personnel, Sukhjinder Singh, was allowed by a Single Bench of the Hon’ble High Court which directed the release of disability pension to him.
The Union of India, as expected, however filed a Letter Patents Appeal (LPA) before a Division Bench challenging the order of the Single Bench and also alleging on affidavit that the Invaliding Medical Board had declared the disability ‘neither attributable to, nor aggravated by military service’. A copy of the board was however not produced before the Court.
The Division Bench asked the Union of India to produce before it a copy of the Medical Board which was done on the next date of hearing and which consequently left the Court aghast. The Medical Board had in fact clearly declared the disability as ‘aggravated by physical stress and strain of service’.
Clearly perturbed by the conduct, following are the excerpts of the order finally passed by the Hon’ble Court :
A petition filed by a boarded out disabled personnel, Sukhjinder Singh, was allowed by a Single Bench of the Hon’ble High Court which directed the release of disability pension to him.
The Union of India, as expected, however filed a Letter Patents Appeal (LPA) before a Division Bench challenging the order of the Single Bench and also alleging on affidavit that the Invaliding Medical Board had declared the disability ‘neither attributable to, nor aggravated by military service’. A copy of the board was however not produced before the Court.
The Division Bench asked the Union of India to produce before it a copy of the Medical Board which was done on the next date of hearing and which consequently left the Court aghast. The Medical Board had in fact clearly declared the disability as ‘aggravated by physical stress and strain of service’.
Clearly perturbed by the conduct, following are the excerpts of the order finally passed by the Hon’ble Court :
