The Delhi High Court has affirmed that a member of a force remains on “active duty” even when not deployed in field operations, ruling in favor of an assistant commandant of Sashastra Seema Bal who suffered injuries during training. The decision, crucial for the treatment and promotion criteria of force members, underscores that mishaps occurring in peace stations are equally significant as those on the field.
The case involved an assistant commandant who was denied promotion after being deemed not medically fit following an injury in October 2019 during preparations for the All India Police Commando Competition (AIPCC). The injury occurred when the officer fell from a high fence wire, an obstacle in the training course, resulting in fractures to his right hand, elbow, and wrist joint.
While the force’s regulations provided medical exemptions for injuries sustained during “active duty,” the definition was previously restricted by authorities to incidents involving field operations like firings or explosions. However, Justice Rekha Palli and Justice Shalinder Kaur of the Delhi High Court broadened this interpretation in their September 17 judgment, stating that “active duty” encompasses all activities part of an officer’s assigned duties, regardless of the location.
The court recognized that the training activities the petitioner engaged in were mandatory and integral to his duties. Thus, the injury, sustained during a sanctioned practice session, qualified as occurring during “active duty.”
In their decision, the judges set aside the earlier orders that rendered the officer ineligible for promotion due to his medical condition. They directed the authorities to reconsider his promotion to deputy commandant, factoring in the necessary medical relaxation. The court specified that if the officer meets all other promotion criteria, he should be elevated to the rank alongside his batchmates, albeit with retrospective seniority and notional pay fixation.
