Kerala High Court
Paul Sudhakar vs Union Of India on 30 June, 2025
2025:KER:48263
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 30TH DAY OF JUNE 2025 / 9TH ASHADHA, 1947
WP(C) NO. 37602 OF 2022
PETITIONER:
PAUL SUDHAKAR
AGED 44 YEARS
NO. 971161388 CT/DVR L., 78 BN-CRPF S/O JAPAMANI, AGED 44
YEARS, JAPAMONYILLAM, CHAWEL VILLAI, KAPPIYARAI - POST,
KANYAKUMARI DISTRICT, TAMIL NADU, PIN: 629 156
BY ADVS.
SHRI.VARGHESE P.CHACKO
SHRI. DENNIS VARGHESE
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF HOME AFFAIRS, JAI SINGH MARG, HANUMAN ROAD AREA,
CONNAUGHT PLACE, NEW DELHI, DELHI -110001.
2 CENTRAL RESERVE POLICE FORCE,
REPRESENTED BY DIRECTOR GENERAL OF CENTRAL RESERVE POLICE
FORCE, CGO COMPLEX, PRAGATI VIHAR, NEW DELHI, DELHI 110003.
3 THE DIGP,
OFFICE OF THE DIGP,GC, CRPF, PALLIPURAM,THIRUVANANTHAPURAM,
KERALA, PIN: 695 316.
4 THE COMMANDANT,
78, BN CRPF ZUBZA,CRPF KOHIMA NAGALAND, PIN: 797 005.
BY ADV SHRI.V.GIRISHKUMAR, SENIOR PANEL COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 37602 of 2022 -2-
2025:KER:48263
JUDGMENT
Dated this the 30th day of June, 2025 Petitioner has approached this Court challenging Exts.P18, P24 and P28 orders. By Ext.P18 petitioner was dismissed from service and by Exts.P24 and P28 the appeal and revision preferred by the petitioner against the dismissal from service were also dismissed.
2. Petitioner joined the Central Reserve Police Force as a constable on 01.08.1997. Petitioner submits that due to tremendous stress and strain attributed to his job he fell sick in uniform and was suffering from mental illness of 'Bipolar mood disorder'. Due to the said mental illness the petitioner was in a state of dilution and wandered off from his unit at Jammu & Kashmir on 10.08.2005 and upon getting senses he returned to his unit on 12.01.2006. Exts.P2 and P3 certificates would reveal that he was under treatment during 2006. Exts.P2 and P3 treatment certificate was sent to the 3 rd respondent by the wife of the petitioner seeking medical assistance, and by Ext.P4 a reply was issued by the CRPF directing that if he is really suffering from mental disease he may be admitted in the Station Hospital at CRPF Pallipuram, Kerala or Avadi, Tamil Nadu. In compliance with the directions in Ext.P4 the petitioner was taken to Station Hospital Group Centre, CRPF, Pallipuram. Due to the violent and severe nature of the petitioner owing to his mental illness he WP(C) No. 37602 of 2022 -3- 2025:KER:48263 was finally referred to Mental Health Centre, Thiruvananthapuram, and was admitted and has undergone treatment as an in-patient from 15.01.2007 to 25.01.2007 as evident from Ext.P6. Upon receipt of Ext.P6 treatment certificate from the Mental Health Centre, Thiruvananthapuram, respondent CRPF requested the Director, Mental Health Centre, Thiruvananthapuram to examine the petitioner in detail to decide whether the petitioner can be given duties with arms and ammunitions as per Ext.P7. The Director of Mental Health Centre, Thiruvananthapuram on receipt of Ext.P7 request from the CRPF constituted a Medical Board and the Board certified that the petitioner is suffering from 'bipolar mood disorder' and he is in remission and is fit for his job, but advised that petitioner may be restrained from handling arms and ammunitions. Subsequent to receipt of Ext.P8 certificate of the Medical Board, petitioner was again admitted as an in-patient in the psychatric ward in the Station Hospital, Pallipuram, and thereafter petitioner was sent to his unit stationed at Jammu & Kashmir. Later on, the unit of the petitioner moved to Nagaland, Kohima, wherein he was again admitted in the Composite Hospital, CRPF, Guwahati, and Ext.P9 discharge certificate was issued by the Chief Medical Officer discharging petitioner from the hospital. Later he was again admitted in the said hospital and was referred to Neurology OP WP(C) No. 37602 of 2022 -4- 2025:KER:48263 Department as evident from Ext.P11. Later he was again admitted at the Composite Hospital, Guwahati as evident from Ext.P12. Wherein Ext.P13 discharge slip was issued and the Doctor has recommended invalidation of petitioner from service.
3. Petitioner would submit that based on Ext.P13 the CRPF ought to have expedited the proceedings to grant immediate discharge of the petitioner from service on medical ground by granting disability element of pension by considering 70% declared disability for bipolar disorder, within a period of 10 days from the invalidation recommendation. Without doing so, the petitioner who was not in a fit state of mind, was sent on 30 days sanctioned leave with effect from 22.04.2010 to 21.05.2010, whereby the petitioner had to travel from his unit at Nagaland to his home town at Kanyakumari. During the leave period the mental and physical condition of the petitioner deteriorated to a critical stage. Due to the same, he could not return back after the leave period was over. Petitioner would contend that the serious health condition of the petitioner was intimated to the 4 th respondent Commandant through a telegram. Thereafter by Ext.P14 petitioner has addressed the CRPF authorities for financial assistance for treatment. Immediately on receipt of Ext.P14 an order was issued directing the petitioner to join back on duty. Due to the said mental stage petitioner could not WP(C) No. 37602 of 2022 -5- 2025:KER:48263 report back for duty. Thereupon it is seen that disciplinary proceedings were initiated which culminated in Ext.P18 order of dismissal from service. A perusal of Ext.P18 would reveal that though notice was issued to the petitioner he had not participated in the said proceedings. It is pertinent to note that though the petitioner was dismissed from service on the ground of unauthorized absence, in paragraph 12 of the said order it is stated that if the petitioner return to service through Court of law, his case for invalidation from service will be processed accordingly. Paragraph 12 of Ext.P18 reads as follows:-
"12. Dr.S.Manoharan, Psychiatrist and CMO of CH Gauhati had declared him unfit for service as a combatant in Armed forces, categorized as S-5(P) and recommended his invalidation from service as he is a case of Bipolar Mood Disorder and alcohol depandance syndrome with complication. Therefore, in case No.971161388 Ct/Dvr Paul Sudhakar return to service through the Court of Law, his case for invalidation from service will be processed accordingly." (underlines supplied) Aggrieved by the same, an appeal was preferred which was rejected by Ext.P24. A further revision was also preferred which also ended up in dismissal as per Ext.P28 order. It is in the said circumstances that the petitioner has approached this Court.
4. The specific case of the petitioner is that in Ext.P13 itself the Doctors who treated the petitioner at Composite Hospital, WP(C) No. 37602 of 2022 -6- 2025:KER:48263 Guwahati while issuing the discharge slip has recommended invalidation of the petitioner from service. Though proceedings were initiated for overstayal of leave and the petitioner was dismissed from service on the said ground in Ext.P18 order itself, it is stated that if the petitioner return to service through the Court of law his case for invalidation from service will be processed accordingly. Petitioner would submit that on the basis of Ext.P13 the authorities ought to have taken steps for discharge the petitioner from service rather than proceeding against him for overstayal of leave and dismissing him from service as per Ext.P18.
5. A detailed counter affidavit has been filed by respondents 1 to 4, wherein the illness suffered by the petitioner is not disputed. It is further stated in the counter affidavit that if the petitioner has reported for duty at any stage of inquiry his case for invalidation could have taken place as physical presence of the petitioner was very much essential for conduct of medical invalidation process. Though several letters were sent to the petitioner, there was no response from his side. It is further submitted in the said counter affidavit that the petitioner is entitled for invalidation pension if he was invalidated out of service. It is only for the reason that petitioner has not reported back for duty the said proceedings in this regard could not be initiated by the Department. WP(C) No. 37602 of 2022 -7-
2025:KER:48263
6. I have heard the rival contentions on both sides.
7. The document produced in this writ petition, especially Ext.P13 would reveal that the petitioner had serious mental issues and for that reason the Medical Officer and Psychiatrist attached to the Composite Hospital, Guwahati, who treated the petitioner, recommended for invalidation of the petitioner from service. It was recommended as early as on 10.04.2010. But the authorities rather than invalidating him from service proceeded against the petitioner alleging that he is unauthorisedly absent from duty and dismissed him from service as per Ext.P18. Even when dismissing the petitioner from service as per Ext.P18 the authorities were aware of the serious mental condition of the petitioner, that is why in Ext.P18 order dismissing him from service it was observed about the recommendation of the Psychiatrist and CMO of Composite Hospital, Guwahati who has declared him unfit for service and recommended his invalidation from service, and held that if the petitioner return to service through Court of law his case of invalidation from service will be processed accordingly. When the Department is aware of the serious health condition and was also aware of the fact that the Doctor who treated him in the Composite Hospital, Guwahati has declared him unfit for service and recommended his invalidation, the respondents ought to have proceed with proceedings in this regard WP(C) No. 37602 of 2022 -8- 2025:KER:48263 rather than dismissing him from service for unauthorised absence. Though appeal and revision were filed the said aspect was not properly considered by the authorities. In the counter affidavit filed by respondents 1 to 4 also, it is admitted that the unit was well aware that the petitioner was unfit for service in armed forces and wanted to process his case of invalidation and it is only for the reason that the petitioner remained on leave without any permission his invalidation case could not be processed as the presence of the petitioner was inevitable for conducting medical invalidation process. It is further admitted in the counter affidavit, especially in paragraph 91, that the petitioner is entitled for invalidation pension. It is only for the reason that the petitioner did not turn up, the proceedings could not be initiated.
8. Taking into consideration the above facts and circumstances, especially the stand taken by the respondents in Ext.P18 order of dismissal from service itself, I am of the view that the matter requires reconsideration at the hands of the competent personnel among the respondents. Accordingly Exts.P18, P24 and P28 to the extent it dismissed the petitioner from service is set aside. The respondents are directed to proceed further as per the decision in paragraph 12 of Ext.P18 to invalidate the petitioner from service and for grant of invalidation pension and grant of WP(C) No. 37602 of 2022 -9- 2025:KER:48263 consequential monetary benefits due to the petitioner with arrears. Taking into consideration the health condition of the petitioner and that he is residing now at Kanyakumari District in Tamil Nadu, notice may be issued for the appearance of the petitioner before the 3 rd respondent to take further steps for grant of invalidation pension to the petitioner. The medical examination etc. if required shall also be done in the hospital attached to the 3rd respondent. Respondent shall also take steps to regularise the period from 22.05.2010 to 30.04.2011 as medical leave of the petitioner taking into consideration Ext.P8 Medical Board certificate and Ext.P13 discharge/invalidation recommendation. Steps in this regard shall be taken and finalised by the competent authority among the respondents within a period of four months from the date of receipt of a copy of this judgment.
With the above said directions, the writ petition is disposed of.
Sd/-
VIJU ABRAHAM JUDGE sbk/-
WP(C) No. 37602 of 2022 - 10 -
2025:KER:48263 APPENDIX OF WP(C) 37602/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF APPOINTMENT LETTER DATED 15.07.1997 ISSUED BY CRPF TO THE PETITIONER.
Exhibit P2 TRUE COPY OF TREATMENT CERTIFICATE DATED 26.09.2006 ISSUED BY DR.CHRISTURAJAH P. KAMARAJAH TO THE PETITIONER (WITH READABLE COPY) Exhibit P3 TRUE COPY OF TREATMENT CERTIFICATE DATED 12.12.2006 ISSUED BY DR.CHRISTURAJAH P. KAMARAJAH TO THE PETITIONER(WITH READABLE COPY).
Exhibit P4 TRUE COPY OF LETTER NO.W TT 9/06-78-EC-II DATED NOVEMBER, 2006 ISSUED BY THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF LETTER DATED 20.12.2006 SENT BY THE PETITIONER'S WIFE TO THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF TREATMENT CERTIFICATE DATED 22.02.2007 ISSUED BY DR.JOSEPH M. MONY OF MENTAL HEALTH CENTRE, THIRUVANANTHAPURAM TO THE PETITIONER.
Exhibit P7 TRUE COPY OF LETTER NO.M III-5/07 - CH-PPM DATED 07.03.2007 ISSUED BY THE CMO, CH CRPF, PPM TO THE DIRECTOR OF MENTAL HEALTH CENTRE, THIRUVANANTHAPURAM.
Exhibit P8 TRUE COPY OF MEDICAL CERTIFICATE DATED 08.03.2007 ISSUED BY THE MEDICAL BOARD CONSTITUTED OF 3 DOCTORS IN MENTAL HEALTH CENTRE; THIRUVANANTHAPURAM.
Exhibit P9 TRUE COPY OF DISCHARGE CERTIFICATE ISSUED
BY THE CHIEF MEDICAL OFFICER S.G
PSYCHIATRIST COMPOSITE HOSPITAL, GUWAHATI DATED 14.05.2009.
Exhibit P10 TRUE COPY OF MEDICAL CERTIFICATE DATED
14.05.2009 ISSUED BY THE CHIEF MEDICAL
OFFICER S.G PSYCHIATRIST COMPOSITE
HOSPITAL, GUWAHATI
Exhibit P11 TRUE COPY OF LETTER DATED 24.04.2009
ISSUED BY THE CHIEF MEDICAL OFFICER S.G
PSYCHIATRIST COMPOSITE HOSPITAL; GUWAHATI TO THE NEUROLOGY OPD.
WP(C) No. 37602 of 2022 - 11 -
2025:KER:48263 Exhibit P12 TRUE COPY OF DISCHARGE SLIP IN OP NUMBER 1965 OF 2009 DATED 13.01.2010, Exhibit P13 TRUE COPY OF DISCHARGE SLIP IN OP NUMBER 428 OF 2010 DATED 10.04.2010.
Exhibit P14 TRUE COPY OF REQUEST LETTER DT NIL SEEKING
FINANCIAL SUPPORT FOR HIS MEDICAL
TREATMENT AND ALSO FOR EXTENSION OF LEAVE FROM THE RESPONDENTS DUE TO HIS MENTAL AND PHYSICAL ILLNESS.
Exhibit P15 TRUE COPY OF LETTER NO. L-11-2/2010-HQ/78
DATED 27.05.2010 ISSUED BY THE 4TH
RESPONDENT HEREIN, DIRECTING THE
PETITIONER TO JOIN BACK ON DUTY.
Exhibit P16 TRUE COPY OF LETTER NO. L-11-2/2010-HQ/78
DATED 10.06.2010 ISSUED BY THE 4TH
RESPONDENT HEREIN, DIRECTING THE
PETITIONER TO JOIN BACK ON DUTY.
Exhibit P17 TRUE COPY OF LETTER DATED 08.03.2011 SEND
BY THE PETITIONER'S WIFE TO THE CRPF.
Exhibit P18 TRUE COPY OF DISMISSAL ORDER DATED
30.04.2011 DECLARING THE PETITIONER
'DISMISSED FROM SERVICE'.
Exhibit P19 TRUE COPY OF LETTER DATED 28.07.2011 SEND
BY THE PETITIONER TO THE CRPF.
Exhibit P20 TRUE COPY OF LETTER DATED 18.12.2017, SENT
BY THE WIFE OF THE PETITIONER TO THE CRPF.
Exhibit P21 TRUE COPY OF LETTER DATED 09.02.2018 SEND BY THE 3RD RESPONDENT REJECTING ANY ASSISTANCE TO THE PETITIONER Exhibit P22 TRUE COPY OF APPEAL DATED 08.09.2020 FILED BY THE PETITIONER.
Exhibit P23 TRUE COPY OF LEGAL NOTICE DATED 24.12.2020 SENT TO THE RESPONDENT BY THE PETITIONER Exhibit P24 TRUE COPY OF ORDER DATED 11.02.2021 REJECTING EXHIBIT P23 APPEAL ISSUED BY THE RESPONDENT Exhibit P25 TRUE COPY OF LETTER NO.I.II-02/2021-VIG (LEGAL) DATED 05.08.2021 ISSUED BY THE CRPF TO THE PETITIONER Exhibit P26 TRUE COPY OF JUDGMENT DATED 07.12.2021 IN WP(C) NO.13785/2021 PASSED BY THE HONOURABLE HIGH COURT OF KERALA Exhibit P27 TRUE COPY OF REVISION PETITION DATED 02.02.2022, FILED BY THE PETITIONER.
Exhibit P28 TRUE COPY OF ORDER DATED 25.05.2022 PASSED WP(C) No. 37602 of 2022 - 12 - 2025:KER:48263 BY CRPF REJECTING EXHIBIT P27 REVISION.
RESPONDENT EXHIBITS Exhibit R3(s) True copy of the letter No. J.II-2/2021- 78-EC-2 dated 01/02/2021 Exhibit R3(t) True copy of the letter No. J.II-2/2020- Vig(Legal) dated 05.08.2021 Exhibit R3(u) True copy of the order No.R.XIII-5/2022- KKS-Adm-II dated 25.05.2022 Exhibit R3(g) True copy of the Office Order No. I.X 31/10-78-EC-II dated 04/ 12/2010 Office of the commandant 78 BN CRPF, ZUBZA, KOHIMA, NAGALAND Exhibit R3(h) True copy of the Office Memorandum No. P.VII-24/10/78-EC-II dated 13/ 12/2010 issued by the office of the commandant 78 BN CRPF, ZUBZA KOHIMA, Nagaland Exhibit R3(i) True copy of the office order No.VIII-24/ 10-EC-II dated 13/01/2011 office of the commandant 78 BN CRPF, ZUBZA KOHIMA, Nagaland Exhibit R3(j) True copy of the letter No. G.II-1/11 PMR dated PMR dated 28/ 01/ 2011 issued by the Commandant 78th BN, CRPF Exhibit R3(l) True copy of the letter No.G.II-1/11-PMR dated 01.04.2011 to the Commandant, CRPF, HQ, Kohima Exhibit R3(m) True copy of the letter No.P.VIII-24/2010- 78-EC-II dated 05.04.2011 issued by the Commandant, CRPF,78 BN, Zubza, Nagaland Exhibit R3(n) True copy of the order P.VIII-24/10-78-EC-
II dated 30.04.2011 issued by the Commandant, CRPF,78 BN, Zubza, Nagaland Exhibit R3(p) True copy of the Appeal Memorandum submitted by the petitioner before the Respondents Exhibit R3(q) True copy of the order No.R.XIII-10/2021- R/Blr-EC-III dated 11.02.2021 issued by the O/oDy Inspector General of Police, Range HQR, CRPF, Yelahanka, Bangalore Exhibit R3(c) True copy of the telegram received dated 31.05.2010 issued by the BSNL, Telegraph Office, Kohima Exhibit R3(e) True copy of the compliant letter No. L.II-2/ 10-HQ/78 dated 22/07/2010 issued WP(C) No. 37602 of 2022 - 13 - 2025:KER:48263 by the 4th respondent Exhibit R3(f) True copy of the warrant of arrest issued on 26.07.2010 to the Superintendent of Police, District-Kanyakumari (Tamilnadu) for apprehension of the petitioner Exhibit R3(k) True copy of the letter No.G.II-I/11-PMR dated 14.03.2011, issued by the Commandant 78th BN, CRPF Exhibit R3(r) True copy of the legal notice LN/PS/V/1/20 dated 24.12.2020 sent to the respondents by the petitioner Exhibit R3(a) True copy of the leave and Duty Certificate dated 21.04.2010 Exhibit R3(b) True copy of the letter No. L.II-2/ 10- HQ/78 dated 28/05/2010 issued by the 4th respondent Exhibit R3(d) True copy of the letter No. L.II-2/10-HO/78 dated 10/06/2010 issued by the 4th respondent Exhibit R3(o) True copy of the medical certificate