AKKENA PRAGAD PERRAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed in General Reserved Engineer Force (GREF) as a Leading-Hand (non-technical) on 9.11.1991. Noticing that his behaviour had turned abnormal, in April 1998, the petitioner was directed to report to Senior Medical Officer of 42 BRTF for his medical examination, who in turn advised the Administrative Authority to send him for psychiatric examination. In July,. 1998, the petitioner was eventually referred to 155, Base Hospital, Tejpur, Assam for specialised treatment. After specialised medical treatment petitioner's category was downgraded as GREF-III (Temporary) f or 6/12 years with effect from 18.7.1998 and he reported back to his unit. After his discharge from the Base Hospital on 14.7.1998, he was required to visit the Base Hospital again after six months for review. According to the petitioner during his stay at Base Hospital, Tejpur, he was subjected to discriminatory treatment being not from regular Army. The factum of ill-treatment at the Base Hospital, it is claimed, was brought to the notice of the authorities of his unit and he requested for not being sent again to the same hospital. The authorities, however, allegedly did not pay any heed to the request of the petitioner. Meanwhile, the petitioner made an application dated 11.11.1998 seeking to resign from service with effect from 30.11.1998. He made a request for waiver of three months' notice period and undertook to deposit his three months' pay in lieu of notice. On 27.11.1998 the petitioner was interviewed by the officers concerned of Headquarter 42 BRTF. He was advised to withdraw his notice for resignation. He, however, did not agree and insisted for his release as early as possible. Accordingly, Headquarter 42 BRTF advised him to submit a fresh notice for resignation which the petitioner did submit seeking resignation from service with effect from 15.12.1998. The petitioner was accordingly granted discharge from service with effect from 15.12.1998 and he was informed of the same on 9.12.1998.

(2.) Late, the petitioner made an application dated 21.12.1998 requesting for withdrawal of his resignation alleging that the applications for resignation from service were not made by him voluntarily and that he was rather forced to sign the same. He made reference to an application which he claims to have had made seeking to withdraw his application for resignation before the date of his discharge with effect from 15.12.1998. The application so made, it is alleged, was, however, not forwarded to the authority concerned by the Officer Commanding / Officer Second in Command.

(3.) The petitioner made representations seeking reconsideration of his case and reinstatement on the original post of Leading-Hand (non-technical) after regularisation of period of his absence by granting leave without pay. These representations were duly considered by the authorities concerned but the same were rejected vide letters dated 14.11.1999,2.2.1999 and 22.5.1999. The petitioner in the circumstances, approached this Court with a petition under Articles 226/227 of the Constitution of India for issue of writ/writs of cortiorarior mandamus and /or any other writ, rule, order or direction setting aside the order of his discharge from service and for grant of consequential reliefs.