NISSAR AHMAD SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the order passed by respondent no.3-commandant 20 Bn CRPF on 20/8/2001, the petitioner has preferred instant writ petition after an inordinate delay.

(2.) It is stated that the petitioner got appointed as Constable bearing No. 983360413r in the department and was working in D/22nd Battalion, Central Reserve Police Force (CRPF) at Assam in the year 1998. In the year 2000 petitioner was granted leave for 60 days from 12/7/2000 to 9/9/2000 on account of his mother being ill. Unfortunately, he lost his mother and his wife. These harsh circumstances lead to adverse psychiatric symptoms and the petitioner had to undergo consistent treatment and had to maintain proper follow-up from the year 2001.

(3.) It is stated that at the back of the petitioner, the proceedings were initiated and an ex-parte dismissal order was passed by Commandant 22nd Battalion CRPF, Assam, without affording any opportunity of being heard to the petitioner. Petitioner made several representations to the Commandant and Director General CRPF, but no heed was paid to the representations of the petitioner by the respondents. Petitioner's misfortune went unabated as his mental health started deteriorating and ultimately he was detected with psychiatric disorders including acute depression and psychological disturbance. Petitioner was admitted to Government Psychiatric Hospital on 1/2/2001 and underwent several cycles of therapies both medicinal and psychological. Petitioner finally was discharged on 10/10/2008 as per medical records.