2. Whereas, case in brief in respect of the petitioner is that, the petitioner was enrolled in BSF as Constable (Cook) on 29.05.2005. After completion of basic training, the petitioner was posted to 87 Bn BSF and further posted to 32 Bn BSF on 17.05.2017. On 09.08.2013, while the petitioner was deployed in a Company Operating Base (COB) at Karkapal, Distt Bastar (Chhattisgarh) of 87 Bn BSF, slipped in mud caused by rain during fetching firewood for ORs Mess and sustained injury in his right leg. However, he did not report to the authorities at the COB about the injury. Further on 25.12.2013, he proceeded to the SHQ BSF Hospital Durg for self treatment, from where, he proceeded on leave on 10.01.2014. Later on, on 10.03.2014, he felt pain in his right knee and undergone treatment at JLN Hospital Durg (Chhattisgarh). His right knee was operated at Ramakrishna Care Hospital, Raipur (Chhattisgarh) on 05.04.2014. After taking continuous treatment at SHQ BSF, Durg Hospital, the petitioner was further referred to BS Hospital-I, R K Puram (Delhi) for management of treatment from Orthopedics Department of AIIMS, New Delhi on 11.10.2014. On 16.02.2015, after completion of treatment from AIIMS, New Delhi, the petitioner reported at BSF Composite Hospital, Tekanpur, Gwalior (MP) for follow-up treatment and his right knee was again operated at BSF Composite Hospital, Tekanpur, Gwalior (MP) on 06.05.2015. Subsequently, the petitioner was given Medical Category S1H1A3(S-L) P3(T-24)E1 on 07.08.2019 with 45% disability by a Board of Medical Officers of BS, being a case of 'Ganglion Cyst with ACL/PCL (Rt) Knee (Post arthroscopy reconstruction) with PIVD L-4-L5, L-5-S1 with Obesity'. A departmental Court of Inquiry was conducted by BSF to investigate into the circumstances under which the petitioner sustained right knee injury and it was found that injury of the petitioner is not attributable to Govt. duty.
