ITBP commandant directed to pay Rs 5L in damages to SI

Tribune News Service

Ramkrishan Upadhyay

Chandigarh, April 4

Dr Rajneesh, Additional District Judge, Chandigarh, has upheld the order of the civil judge, junior division, who directed Ravinder Singh Chaudhary, then Commandant, 15th Battalion, ITBP, Airport, Chandigarh, to pay damages of Rs 5 lakh to Mahendra Singh Panwar, SI (CM), for not allowing him to go on leave for taking care of his critically ill wife.

Ashish Thathai, civil judge, junior division, had passed the order on December 12, 2016 while deciding a civil suit filed by Mahendra Singh Panwar, Sub-Inspector (SI) (CM), seeking damages with interest @ 12 per cent per annum for not granting permission to look after his wife at the time of her serious illness.

Panwar said the permission was not granted wilfully when his wife was fighting for her life at the Government Medical College and Hospital, Sector 32, Chandigarh, who later died on September 16, 2012.

Panwar alleged that the act of denying the permission was the violation of human rights. In the civil suit, Panwar said he was serving in the Indo-Tibetan Border Police Force, North-West (NW) Frontier, Airport, Chandigarh, and his wife and daughter were staying at separate family accommodation on the ITBP Campus, Airport, Chandigarh.

He said his wife suffered serious illness on September 4, 2012 and was admitted to the GMCH-32 on September 5. Her daughter told him about the illness of his wife. He informed his daughter that he would not be able to come as he had been forcibly deputed by his commandant for the recruitment of constable (tradesman) in Kanpur. He said despite his best efforts, the commandant did not allow him to proceed on leave.

On September 9, 2012, he handed over the leave application to the inspector with a copy to the DIG, (NW) Frontier, Chandigarh, and left for the UT. Due to acute failure and damage to kidneys, lungs and other organs, his wife expired on September 16, 2012.

While appearing before the civil court, the commandant denied charges. He said since the recruitment process was an essential duty, he could not be relieved.

He was told that he could be relieved only when his substitute was received from Udhampur. He said on the morning of September 9, 2012, he was found missing from the recruitment camp and deserted it by not taking his permission before leaving.

After hearing the arguments, the civil judge said the commandant acted negligently and wilfully by not granting leave/permission to the plaintiff to look after his wife. The court directed the commandant to pay damages of Rs 5 lakh, along with interest @ 9 per cent per annum, to the Sub-Inspector.

The commandant challenged the order before the Sessions Court. After hearing the arguments, Rajneesh, Additional Sessions Judge, dismissed the appeal of the commandant. The court said “defendant No. 4 remained utterly negligent in not acting upon the request initially made by the plaintiff for getting his substitute for the purpose of recruitment. Be that as it may, even on humanitarian grounds, no other act or duty is more important than taking care of one’s family member who has been fighting for his/her survival. As is rightly observed by the trial court, the defendant No. 4 showed anarchical and colonial attitude while not considering the plaintiff’s request”.

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