SHAMMI KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the order of punishment dtd. 4/1/2013, passed by respondent No. 5, whereby he has removed the petitioner from his service. Petitioner has further prayed for quashing the appellate order dtd. 26/2/2013, passed by respondent No. 4 and revision order dtd. 7/10/2015, passed by respondent No. 3, by which the order of punishment has been affirmed by the said two forums. Petitioner has also prayed that after quashment of the aforesaid orders, the respondents be directed to reinstate the petitioner with all consequential benefits considering the break in service as period spent on medical leave.

(3.) As per the factual matrix, the petitioner was appointed as Constable in the Central Industrial Security Force vide Appointment Offer dtd. 19/8/2008 and subsequently, the petitioner joined the said post. Thereafter, while the petitioner was discharging his duties, certain unfortunate events took place in his family one after the other like death of his father on 2/5/2012, divorce of petitioner with his wife in July 2012 in addition to that as petitioner had not got his salary for 10 months continuously, as he was mentally depressed. In such medical condition, the petitioner was transferred from CISF Unit PPT Paradip to CISF Unit BCCL Dhanbad and petitioner reported at the transferred place on 20/8/2012. It is the case of the petitioner that respondents were fully aware of the mental condition of petitioner and hence, the mother of the petitioner was called by the respondents to visit at Dhanbad, as Psychiatrist of Central Hospital, BCCL Dhanbad needed the detailed information about petitioner from his own relative for treatment of petitioner. On the request of the respondents, the mother of the petitioner along with his brother-in-law visited Dhanbad and requested the respondent-authorities to relieve petitioner on leave so that they can take care of him and start appropriate treatment, but her request was turned down by the respondents and regardless of his mental condition, the concerned respondents did not hospitalize him rather he was forced to perform his regular duties.