RAVINDER MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in Border Security Force as Constable on 31st June, 1988. Initially, he was posted at Malda in West Bengal. Thereafter, from time to time, he remained posted at Delhi, Hissar, Assam and Jammu & Kashmir. In the course of service, he developed some mental disorder. In December, 1997, his condition deteriorated. He was diagnosed as suffering from Atypical Psychosis and Schizophrenia. He was treated for the same at different places, including at BSF Hospital. Under medical advice, he was given light duty(unarmed). In August 1999, he sought to resign from service. He was, accordingly, discharged from service without any financial benefits with effect from 18.8.1999 vide order of even date. According to the petitioner, as he was not in a sound state of mind on account of the aforesaid mental ailment with which he was suffering from, his application seeking to resign from service could not have been acted upon and in view of Rule 25 of the Border Security Force Rules, 1969, he could not have been discharged from service without his medical examination by a Medical Board.

(2.) The petitioner made a representation for his reinstatement or in the alternative for retiral benefits. His representation was, however, rejected by an order dated 31.1.2000 which was communicated to the petitioner vide letter of even date. Thereafter, in May, 2001, the wife of the petitioner also represented to the Director General, Border Security Force for reinstatement of the petitioner or in the alternative for grant of retiral benefits to him and his family and also for her compassionate appointment in place of the petitioner. There was, however, no response to her representation from the respondents. The petitioner, in the circumstances, filed instant writ petition under Article 226 of the Constitution of India seeking issue of appropriate writ, order, or direction quashing the order dated 19.8.1999 discharging him from service and directing the respondents to reinstate him with all past benefits and / or to grant him all retiral benefits, including pension, gratuity, etc. and to consider his wife for a compassionate appointment.

(3.) Opposing the petition, the respondents state that the impugned order of discharge was made in acceptance of letter of resignation dated 18.8.1999 submitted by the petitioner. It is added that, no doubt, the petitioner was suffering from some depression for which he was being treated, such ailment, it is claimed, had not incapacitated him from performing his duties. He was, thus, not requirerd to be discharged or retired from service on medical ground. Setting out the normal procedure for discharge on medical ground, it is stated that the persons who are not medically fit to perform their duties in the Force even after being given continuous treatment in the BSF Hospital or in other recognised hospitals, their cases are reviewed by the Medical Board once a year to ascertain their medical condition and to find if they are fit to continue their normal duties. In case any person is unable to perform his assigned duties due to illness, he is placed in low medical category after taking into account the nature of ailment and past history/record of treatment and in the event of his representing for discharge/retirement, such a person is required to appear before a Review Medical Board for their opinion and it is only on Review Medical Board's opinion that the person is unable to perform his duties due to his ailment, that an order in terms of Rule 25 of the Border Security Force Rules, 1969 for retirement/discharge, is made.