JAI PRAKASH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The Petitioner was working with the Photo Division of the Central Forensic Science Laboratory. However, since he was infected with pulmonary tuberculosis, he was transferred on medical grounds to the Document Division in August 1986. Thereafter, the Petitioner was transferred from the Document Division to the Chemistry Division by an order dated 27th September 1993. He started working with the Toxicology Branch in the Chemistry Division with effect from 1st October 1993.

(2.) On or about 4th October 1993, he was entrusted with viscera cutting by his superior officers. According to the Petitioner, he declined to do so because he was apprehensive that due to the presence of obnoxious gases he may suffer a relapse of his tuberculosis. Since the Petitioner refused to perform the work of cutting the viscera, he was apparently asked to make an application for a transfer out of the Chemistry Division, which he did. Along with his application for transfer, the Petitioner submitted some medical certificates.

(3.) On 23rd October 1993, the Petitioner was served with a charge-sheet containing the following charge: -