JAI PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, through his wife, has approached this Court under Article 226 of the Constitution of India seeking quashing of orders dtd. 27/11/2004 and 27/5/2005 vide which he was dismissed from service by the Summary Security Force Court (hereinafter referred to as 'SSFC') and subsequently his statutory petition under Sec. 117 of BSF Act, 1969 was rejected. Additionally, he prays for release of service pension along with disability pension/extraordinary pension in his favor.

(2.) One may recite the brief facts of the case by beginning with noting that the petitioner joined the Border Security Force (hereinafter referred to as 'BSF') as a Constable (Driver) on 29/6/1990 and served in various parts of the Country. It is the petitioner's claim that in September, 2004, when he was posted at 75th Battalion (Bn.) BSF, Pokharan, Rajasthan, he started suffering from a mental illness which was later diagnosed as 'Acute psychiatric episode Manic/Bipolar disorder". Faced with such a situation, he was compelled to absent himself from service without sanction of leave for short periods of time i.e., 3/9/2004 to 15/9/2004, between 18/9/2004 to 7/11/2004 and finally between 9/11/2004 to 18/11/2004 (71 days, total).

(3.) The petitioner's case is that he absented himself for getting treatment for his bipolar disorder at his native place. His father, he submits, took him for treatment to Rohtak Psychiatry Centre, Post Graduate Institute of Medical College, Rohtak (PGI, Rohtak) and to a local physician. As soon as his symptoms reduced, his father brought him back to join the Unit on 18/11/2004 and also supplied the petitioner's medical documents to the respondents. However, on the said date itself, he was placed under arrest by the Commandant and was kept in the Quarter Guard.