RAJ SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of judgment dated 28.02.2019 passed by the learned Single Bench of this Court in SWP No. 1149/2015, whereby the writ petition of the appellant herein has been dismissed for want of territorial jurisdiction. The writ court, as is apparent from the impugned judgment, has not gone into the merits of the case.

(2.) Before we proceed to appreciate the grounds of challenge urged by the appellant to assail the judgment of the writ court, a brief advertence to the factual antecedents, as is relevant to the disposal of this appeal, would be desirable.

(3.) The appellant came to be appointed as Constable/GD in Central Industrial Security Force (CISF) on 20.01.2011 in terms of order issued by Commandant, CISF Unit SHEP Salal. He was sent on training to Bhilai in Chhattisgarh. As appellant claims, he was medically fit at the time of his appointment and was, thus, placed on probation for two years. Going by his age, the appellant was entitled to serve the CISF till 31.01.2048. The basic training of the appellant commenced on 21.02.2011. On 03.09.2011, the appellant reported some uneasiness to the Company Commander and accordingly, he was referred to the Chief Medical Officer, C. H. Bhilai, where he was diagnosed as a case of "depression" He was, thus, referred to a Psychiatrist for specialized treatment. On 15.09.2011 after the appellant had undergone necessary medical checkup, he was advised home rest for one month. The appellant was supposed to take home rest upto 15.10.2011, but he overstayed his leave from 16.10.2011 and reported back to RTC, Bhilai only on 24.12.2011 i.e. after remaining on unauthorized absence for 68 days. The appellant, however, submitted medical documents issued by the District Hospital Akhnoor, Jammu pertaining to his treatment for Psychiatry. On joining back, the appellant was again subjected to treatment by a Psychiatrist at JLN Hospital, Bhilai, who diagnosed him as a case of "Depression with Mild Psychosis" and opined that the appellant be not allowed to handle weapons and that he would require regular treatment etc. The appellant having been examined by different medical experts, including HOD, Department of Psychiatry, Dr. Ambedkar, Medical College, Raipur and the CMO, CRPF, Jharoda Kalan, New Delhi, was diagnosed as a case of " Depression with Psychosis" and placed under Low Medical Category (LMC). The appellant was advised for light duties without arms and ammunition in the Unit under supervision with continued medication.