BABU KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) As pleaded by petitioner, after appointment as a Constable in the Railway Protection Special Force on 27/9/1996, he faced personal turmoil resulting in him being diagnosed with a mental disorder 'Paranoid Schizophrenia'. Since then he has been receiving continuous treatment and medication for the same.

(2.) During the course of duty, respondent no.2 issued a chargesheet dtd. 30/9/2009 under Rule 153 of the Railway Protection Force Rules, 1987 [hereinafter referred as "RPFR"] framing two charges against the petitioner as under:

(3.) Based upon the report of Enquiry Officer, the Disciplinary Authority vide order dtd. 10/8/2010 held the petitioner 'guilty' of the aforesaid charges and awarded the punishment of Compulsory Retirement from service with immediate effect. Thereafter, both the Appellate Authority vide order dtd. 28/9/2010 and the Revisional Authority vide order dtd. 18/3/2011 affirmed the order of the Disciplinary Authority, resulting in filing of earlier writ petition being W.P.(C) 6312/2011 titled Babu Khan v Union of India and Anr. before this Court. The said petition was disposed of vide order dtd. 21/3/2013 with directions as under:-