BHAG CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioner was appointed constable in Group Centre SSB vide a letter dated 16.8.1989. He was assigned No.8968383. He had been discharging his duties diligently but his health deteriorated in the year 1993 and was advised to take treatment from a psychiatrist. He remained under treatment of the psychiatrist. G.D.O.-1 District Hospital Mandi with effect from 11.3.1993 to 27.7.1993 for 130 days and during this period he was advised complete rest. The Doctor has found him suffering from schizophrenia. He was found fit to resume duties by the doctor vide a certificate dated 27.7.1993. He joined his duties and again fell ill in the month of December, 1993 and had to be examined by the Psychiatrist, District Hospital, Mandi on 11.12.1993. Thereafter he was again examined by the Psychiatrist on 18.3.1994. He was again advised to see the Psychiatrist with effect from 21.12.1994 to 3.1.1995 and subsequently the fitness certificate was issued to him to resume his duties. He was taken to the Psychiatrist on 8.10.1997 and when he was declared fit he resumed his duties for few months, but in the month of November, 1998 his health again deteriorated.

(2.) IT is averred in the petition that Battalion Head Constable had asked him to sign a blank paper and told him that he would be allowed leave with effect from 24.11.1998 and on this blank paper his resignation letter was written on 24.11.1998 and subsequently vide office order dated 25.11.1998 his name was struck off from the strength of GC SSB Shamshi. A representation was made by him on 3.3.2000 to withdraw office order dated 25.11.1998 which was rejected by the Commandant, GC(SSB), Shamshi on 10.4.2000 and revision petition was also dismissed on 27.7.2000.

(3.) I have heard the learned counsel for the parties and also gone through the record carefully.