NAZMAL HASAN SIDDIQUI Vs. UNION OF INDIA

JUDGEMENT

(1.) VIDE order dated 12.5.2009, stating that the petitioner had been declared permanently invalidated, he was discharged from service against which representation filed has been negated vide order dated 10.11.2010, both of which are under challenge in the instant writ petition.

(2.) THE petitioner alleges mala fide against Commandant Smt.Aparajita R. and claims that she is the culprit and in support of said allegation, factual matrix presented by the petitioner in the pleadings is that she was the officer who was responsible for transferring the petitioner to the 128th CRPC Bn. at Guwahati knowing fully well that petitioner and his wife were working at the 107th Bn. at Delhi. THE petitioner filed a writ petition before the Allahabad High Court in which directions were issued that the policy requiring husband and wife to be both posted at one station should be kept in view by the department and transfer-posting be reconsidered and when the department did not do the needful he was constrained to file a contempt petition in which Aparajita R. was a contemnor. Since petitioner secured his transfer-posting at the Battalion where his wife was stationed Aparajita R. got angry and made wrong entries in petitioner's ACR in which she incorrectly recorded that the petitioner is a manipulative person who shirks postings and acts as if he suffers from Bipolar Mood Disorder to take advantage of the same.

(3.) AS per the counter affidavit filed, the petitioner was enlisted as a Constable on 8.4.1991 and all was well till the year 2005. Abnormalities were detected in the behaviour of the petitioner and in July 2006 he was treated for acute stress disorder at the Composite Hospital Guwahati. He was admitted at the hospital at the Composite CRPF Hospital on 19.7.2006 and was discharged on 4.8.2006. He was on constant medication as disclosed in Annexure R-1 being the discharge certificate noting the medicines which the petitioner had to take.