RONDLA SAMPATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri A.G.Satyanarayana Rao, Learned Counsel appearing for the petitioner and Sri Gadi Praveen Kumar, Learned Deputy Solicitor General of India, appearing for respondents.

(2.) The learned Counsel appearing for the petitioner submits that the petitioner was appointed as CISF Constable in the year 1996 and the petitioner has been suffering from Bipolar Affective Disorder with Psychosis and taking treatment at Government Hospital for Mental Care, Erragadda, Hyderabad and the Medical Board issued proceedings on 5/2/2021 stating that considering the present mental status examination and also considering the course and nature of the illness, the Board came to conclusion to allow the petitioner in service under Low Medical Category-SE (T-24) duty without firearms and the accordingly the petitioner has been discharging his duties at Cherlapalli, Hyderbad. While it being so, the respondent No.2 issued Service Order No.211/2022 dtd. 28/3/3022 transferring the certain Constables, including the petitioner from South Zone to East Zone, wherein it was specified that if anybody aggrieves by the Inter-Sector Transfers, must submit their representations on or before 14/4/2022. Pursuant to the service order No.211/2022, the respondent No.3 issued Eastern Sector Service Order No.28/2022 on 1/4/2022 transferring the petitioner to BCCL: Dhabnad. In view of the treatment being taken by him the petitioner submitted his representation on 8/4/2022 requesting to cancel the transfer order as it would be difficult for him to take treatment every fortnight and also as the Dhanbad is not native place of the petitioner, he would be deprived of family support to him which is essential for proper cure of the petitioner. In spite of representation filed by the petitioner on 8/4/2022 for cancellation of the transfer order was pending for consideration, the respondent No.3 issued proceedings on 30/4/2022 to posted to Dhanbad and relieved him on 30/4/2022.

(3.) The learned Counsel for the pettitoner submits that the Mental Health Care Act, 2017, which has come into force with effect from 7/4/2017, specifies the rights of persons with mental illness. As per Sec. 18 (1) every person shall have a right to access mental healthcare and treatment from mental health services run or founded by the appropriate Government. As per Sub-Sec. 5 (b) of Sec. 18 the appropriate Governments shall provide treatment in a manner which supports persons with mental illness to live in the community and with their families. Further Sub-Sec. 5 (d) of Sec. 18 specifies that the appropriate Governments roll ensure that no person with mental illness shall be required to travel long distances to access mental health service and such services shall be available close to the place where a person with mental illness reside and these provisions are mandatory and requested to allow the writ petition.