Y TAKUMBUBA Vs. UNION OF INDIA

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing order dated 14.08.2002, by which, the petitioner has been removed from services; for quashing order dated 29.10.2012, by which the appeal preferred by the petitioner has been rejected and for quashing order dated 05.06.2013, by which, the revision application preferred by the petitioner has been rejected.

(2.) The facts, in brief, is that petitioner, who was a constable in CISF was deputed in HEC, Ranchi since 1999. While continuing as such a memo of charge was served upon the petitioner for remaining absent unauthorizedly without any information and without permission from competent authorities. Basing on such charges, a departmental proceeding was initiated against the petitioner, in which, after ex-parte enquiry, the enquiry officer submitted its report and on the basis of such report, the disciplinary authority imposed the punishment of removal from services upon the petitioner vide order dated 14.08.200 However, it is averred that since the petitioner was suffering from Schizophrenia, a deadly mental disease, he was under prolonged medical treatment and when he was declared fit to join on 211.2009, the petitioner wrote a request letter to the respondents-authorities on 23.11.2009 to allow him to join duty annexing therewith the medical prescription, on compassionate ground. But, his request was turned down, however, he was advised by the authorities itself to avail opportunity of appeal. Accordingly, the petitioner preferred appeal, which was rejected vide order date 29.10.2012 "being badly time barred". Pursuant thereto, the petitioner preferred revision, which met with the same fate.

(3.) Learned counsel for the petitioner submitted with vehemence that the absent was not willful rather it was beyond the control of the petitioner as the petitioner was suffering from a deadly mental disease, Schizophrenia and was under treatment of reputed psychiatrist Dr. U.N. Choudhary of Ranchi Mansik Arogyashala, Ranchi since 01.06.2001 till 22.11.2009. It is well known fact that treatment and recovery from Mental disease takes time, hence, on being declared medically fit to join his duties, he reported before the authorities to consider his case on compassionate ground but his request was turned down without disbelieving the fact of mental illness of the petitioner. Learned counsel for the petitioner further submitted that the departmental proceeding is fraught with procedural irregularity as whole proceeding has been conducted behind the back of the petitioner. It has further been submitted that in enquiry proceeding all the correspondences were made at the native place of the petitioner i.e. at Nagaland whereas the petitioner was under treatment at Ranchi, so he was no knowledge of any proceeding. It has further been submitted that in the case at hand, the petitioner has never been accused of any objectionable behavior or disobedience rather he remained absent for a good and valid reason and which was beyond his control. Further, the appeal and revision of the petitioner has been rejected on the flimsy ground of being time barred and the authorities did not consider that because of ill health the petitioner remained absent from duty.