Telangana High Court
Sahabsingh, Up State vs Director General, Central Reserve ... on 12 January, 2024
1
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.27190 of 2013
This writ petition is filed seeking the following prayer:
"...to issue a direction, order or writ, more particularly one in the
nature of mandamus:
1) Declare the action of the 3rd respondent in issuing impugned termination
Proceedings No.T.V.I/13-EC-V, dated 14.02.2013 as arbitrary, illegal, unjust and violative of Principles of Natural Justice and Art.14 and 16 of the Constitution of India and without giving any relief as per the Section 45 of the Persons with Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act, 1995.
2) Declare the action of 2nd Respondent Orders on Appeal No.R.XIII-13/13- Adm.7 Dt.17 July, 2013 as illegal, arbitrary and against to the principles of natural Justice as without giving personal Hearing to the Aggrieved party and passing Unilateral Orders without furnishing alleged Medical report from the Expert Medical Board for which I was never examined or present in person.
3) Consequently direct the respondents to continue the petitioner in service of Constable/Cook in 154 Bn CRPF, Rangareddy and pass such other order or orders may deem fit and proper in the circumstances of the case."
2. The case of the petitioner is that having succeeded in written test and physical Tests prescribed to the post of Constable, he was appointed as Constable in C.R.P.F. on 11.03.2011 and posted at Hyderabad 154Bn CRPF as Cook from the year 2012 onwards. While so, in the month of May, 2012, he has received a fake call from his native place stating that his father was died due to heart attack. Therefore, he rushed to his native place Mathura. At last, he came to know that it is fake news and given by some antisocial elements, who are his close relative having some property disputes in his native place. Since then, the petitioner has got some mental disturbance and psychic/Mental shock. Thereafter, he informed the entire facts to his superiors and asked to provide medical 2 support. Further, on 31.05.2012, the petitioner has got admitted in CRPF BASE/GROUP HOSPITAL, Hyderabad and took treatment for (21) days and discharged on 20.06.2012 with medical fitness certificate to resume duty. While so, on 14.02.20213, the petitioner had received termination order vide proceedings No.T.V.1/13-EC-V, dated 14.02.2013 issued by the third respondent and before issuance of the same, no notice was issued or and no opportunity of hearing was afforded to him. Further, the same was confirmed by the second respondent in appeal vide order No.R.XIII-13/13-Adm.7, dated 17.07.2013. Hence, the present writ petition.
3. Heard Sri Janardhana Reddy Ponaka, learned counsel appearing for the petitioner and Sri Manoj Kumar Mishra, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for the respondents.
4. It has been contended by learned counsel appearing for the petitioner that the services of the petitioner were terminated vide order dated 14.02.2013 by the third respondent without issuing any show- cause notice or affording any opportunity of hearing to him, which is in violation of principles of natural justice. It is further contended that the fitness certificate dated 20.06.2012 was issued by the Doctor certifying that the petitioner is fit for duty, but the third respondent without considering the same, arbitrarily issued the impugned termination order dated 14.02.2013 by invoking Sub Rule (1) of Rule 5 of Central Civil Services (Temporary Service) Rules, 1965 3 (for short" CCS Rules, 1965) read with Rule 16(A) of CRPF Rules, which is in violation of provisions under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act, 1995 (for short "the Act"). In support of his contention, he relied on a decision of Apex Court in Kunal Singh v.Union of India (Appeal (civil) No.1789 of 2000), dated 13.02.2003.
5. Per contra, learned Deputy Solicitor General appearing for the respondents submits that the petitioner was enlisted in Central Reserve Police Force (CRPF) on 11.04.2011 by Group Centre, CRPF Bangalore and posted to 154 BN CRPF and he was sent to Group Centre CRPF Pallipuram for basic training. While he was undergoing training, the petitioner was admitted at Composite Hospital, CRPF Pallipuram with effect from 02.06.2011 to 11.06.2011 and consulted at Mental Health Centre, Government Medical College, Thiruvanthapuram and initially, he was diagnosed as suffering from anxiety state and the treating Medical Officer advised him (30) days rest and he availed the same from 12.06.2011 to 09.07.2011. Thereafter, the petitioner was admitted in Composite Hospital, CRPF Pallipuram on 18.07.2011 and again from 26.07.2011 to 17.08.2011. During the said period, again he had consulted at Mental Health Centre, Government Medical College, Thiruvanthapuram, where he was evaluated and diagnosed as 'Bipolar I' disorder and finally, he was sent to Composite Hospital, Hyderabad for review and during the review, he was declared as S2 (T-24) on 13.03.2012 and advised for review after six months and he was again 4 admitted in Composite Hospital, Hyderabad from 31.05.2012 to 20.06.2012. As the petitioner was repeatedly undergoing treatment or hospitalized for psychic disorders, again, he was referred to Composite hospital, Hyderabad, with a direction to IGP (Medical) with a psychiatrist as a member to examine the patient. Accordingly, a medical board was constituted at Composite Hospital, CRPF, Hyderabad, consisting of three doctors including psychiatrist from 28.01.2023 to 30.01.2023, conducted medical examination and he was declared unfit for CRPF by the competent medical Board. Therefore, he was terminated from services under CCS Rules, 1965 with effect from 14.02.2013 by the third respondent by giving one month pay and one month notice period. The same was confirmed in appeal by the second respondent. Therefore, the respondents are justified in terminating the petitioner from services, as he was declared as medically unfit by the competent medical board. Hence, prayed to dismiss the writ petition.
6. This Court has taken note of the submissions made by the respective Counsel.
7. A perusal of the record discloses that the petitioner was appointed in CRPF on 11.04.2011 and while he was undergoing basic training at G.C.Pallipuram on 02.06.2011 admitted in Composite Hospital, CRPF Palipuram with effect from 02.06.2011 to 11.06.2011 and thereafter, referred to Mental Health Centre, Government Medical College, Trivandrum on 03.06.2011, wherein he was diagnosed as a case of "Separation Anxiety". After one month, again he was admitted in 5 Composite Hospital, CRPF, Pallipuram on 11.07.2011 and referred to the Medical College Hospital, Trivandrum and admitted upto 25.07.2011, where he was diagnosed 'Bipolar-I' Disorder, a major psychiatric illness. After discharge from there, he was again admitted in Composite Hospital, CRPF, Pallipuram from 26.07.2011 to 17.08.2011. As per the opinion of Doctors at Composite Hospital, Pallipuram, he was found not fit for training in CRPF and accordingly, on 24.08.2011 he was returned to GC Campus, CRPF Rangareddy by GC Pallipuram with remarks that he could not complete his basic training due to psychiatric disorder. On reporting at GC Campus, Ranga Reddy, he was sent to Composite Hospital, CRPF, Hyderabad, where he was admitted from 24.09.2011 to 14.10.20211 and he was categorized as S3 (T24). Thereafter, he was sent to Composite Hospital, CRPF, Hyderabad and there, IGP (Medical), Composite Hospital, CRPF vide letter dated 18.06.2012 declared that though the petitioner is asymptomatic on treatment, he cannot be declared fit during that period and neither can be declared unfit and he can be declared fit only after three years. Thereafter, he deserted from the camp on 03.07.2012 without permission from the competent authority and reported back on his own on 16.07.2012. On reporting, he was further referred to Composite Hospital, Hyderabad from 24.09.2011 to 14.10.2011 and from 31.05.2012 to 26.06.2012 and medically categorized as S2(T24). Though, he was repeatedly undergoing treatment/hospitalized for psychic disorders and has not shown any improvement, the competent medical board consisting of three medical 6 officers including psychiatrist assembled with effect from 28.01.2013 to 31.01.2013 and conducted his medical examination. As per medical opinion dated 30.01.2013, the petitioner is suffering from 'BIPOLAR I' DISORDER, a major psychiatric illness, characterized by lifetime prevalence episodic relapse, associated with psychotic features and multiple abuse, aggravated by stress and life events in service and personal life, lack of insight, poor drug compliance, relapses and remissions even with medication and he has been declared unfit for Basic Training and continuous service as combatant in armed forces. Though, learned counsel relied on the judgment of Apex Court in Kunal Singh's case stated supra, wherein it is the case of amputation of leg to the petitioner, but in the present case, the petitioner has been suffering from psychic disorder. Therefore, the said case no application to the facts and circumstances of the present case.
8. As can be seen from the above facts, it emerges that the petitioner, since his appointment, he was under regular medical treatment/hospitalized for psychic disorders in various hospitals i.e. Composite Hospital, CRPF, Pallipuram, Medical College Hospital, Trivandrum and CH, CRPF, Hyderabad and despite the treatment provided to him, he has not shown any improvement. Finally, he was declared as unfit for basic training as well as continuous service as a combatant in Armed Forces by the competent medical Board dated 30.1.2013. In view of the same, the petitioner, being temporary government servant under Rule 5(1) of the CCS (TS) Rules, 1965, he was 7 terminated from service with effect from 14.02.2013 by the third respondent vide impugned order and the same was confirmed in appeal by the second respondent vide order No.R.XIII-13/13-Adm.7,dated 17.07.2013.
9. It is relevant here to extract the Rule 5(1) of CCS (TS) Rules, 1965 and Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995 Act, which reads as under:
Termination of temporary service.
(1) (a) The services of a temporary Government servant shall be liable to termination at any time by a notice in writing given either by the Government servant to the appointing authority or by the appointing authority to the Government servant;
b) the period of such notice shall be one month.
Provided that the services of any such Government servant may be terminated forthwith and on such termination, the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services, or as the case may be, for the period by which such notice falls short of one month.
Section 47: Non-discrimination in Government
employment.-
(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, he could be shifted to some other post with the same pay scale and service benefits:
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
(2) No promotion shall be denied to a person merely on the ground of his disability:8
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section."
The principle which Section 47 adopts as a legislative mandate is that an employee who acquires a disability during service shall not be dispensed with or reduced in rank by the establishment by which he is employed. Section 47 applies to an existing employee and to a situation where the disability is acquired while in service.
10. A perusal of the petitioner's appointment order dated 11.03.2011 discloses that he was declared fit in the medical examination and appointed in CRPF on 11.04.2011. After two months, while he was undergoing basic training at G.C.Pallipuram, on 02.06.2011, he was admitted in Composite Hospital and referred to psychic department on 03.06.2011, where he was diagnosed as case of "Separation Anxiety". Though, the petitioner had filed medical certificate of fitness, while joining to duty on 20.06.2012, the record discloses that by subsequent examination by the Medical board from 28.01.2013 to 31.01.2013 and as per its opinion dated 30.01.2013, the petitioner has been suffering from 'Bipolar I' disorder, a major psychiatric disorder. Therefore, the respondents declared the petitioner as unfit for basic training and continuous services in Combatant in Armed forces and terminated him vide order dated 14.02.2013. Apart from hospitalization, the petitioner went on leave on medical grounds. As a result, he could not even complete his basic training. Despite being provided medical treatment by the respondents for almost three years, he was not shown any improvement and finally he was declared unfit. In view of the same, 9 since the petitioner is a temporary Government servant, by invoking the provisions of Rule 5(1) of Rules, the respondents had terminated him from services vide impugned order 14.02.2013 and the same was confirmed by the 2nd respondent vide order dated 17.07.2013.
11. In view of the facts and circumstances, this Court is of the view that since his appointment, the petitioner was under regular medical treatment/hospitalization for psychiatric disorders and he has not even completed any basic training. Apart from that, the petitioner has not filed any medical certificate after his termination from service i.e. 14.02.2013 showing his fitness to join in service. The principle which Section 47 adopts as a legislative mandate is that an employee who acquires a disability during service shall not be dispensed with or reduced in rank by the establishment by which he is employed. Section 47 of the Act applies to an existing employee and to a situation where the disability is acquired while in service. In the present case, the petitioner though acquired disability while undergoing training i.e. psychiatric disorder, but he is only a temporary employee and he could not complete even basic training. Therefore, the section 47 of the Act has no application to the facts and circumstances of the present case. Apart from the aforesaid circumstances, the CRPF being Armed Forces personnel with psychiatric disorders, the petitioner cannot be retained in service by virtue of its combatant service in operational areas. There are no merits in the writ petition and the same is liable to be dismissed. 10
12. Accordingly, the writ petition is dismissed. Miscellaneous petitions, pending, if any, in this writ petition shall stand closed. No costs.
___________________ PULLA KARTHIK, J 12.01.2024 Nvl