Meghalaya High Court
Ex. Constable Deepak Kumar Sharma vs The Union Of India And Ors on 24 March, 2014
Author: Chief Justice
Bench: Chief Justice
THE HIGH COURT OF MEGHALAYA
WA No. 21 of 2012
No. 032541997, Ex. Constable Deepak Kumar Sharma,
son of Shri Ishwar Chand Sharma, resident of VPO Lilon,
Shamli District Muzzafarnagar (UP).
Writ petitioner/Appellant
-Versus-
1. The Union of India, through its Secretary, Ministry of
Home Affairs, New Block, New Delhi.
2. The Director General, Border Security Force, CGO
Complex, Block 10, Lodhi Road, New Delhi.
3. Inspector General, Border Security Force, Headquarter
Assam Meghalaya Frontier Border Security Force, Shillong.
4. The Commandant Officer, 17 Battalion , BSF, C/o 56
APO.
....... Respondents
Shri R Jha, Advocate, present for the appellant. Shri S.C. Shyam, Sr. Advocate, assisted by Shri B Deb, Advocate, present for the respondents.
Date of hearing 24th March, 2014 Date of Judgment and Order 24th March, 2014 HON'BLE THE CHIEF JUSTICE and HON'BLE MR. JUSTICE T NANDAKUMAR SINGH 2 JUDGMENT AND ORDER ORAL: HON'BLE PRAFULLA C. PANT, CHIEF JUSTICE Heard.
2. This writ appeal is directed against judgment and order dated 28.06.2012 passed by the learned single Judge in WP(C) No. 277(SH) of 2011, whereby, the writ petition has been dismissed.
3. Brief facts of the case are that the writ petitioner joined as Constable with Border Security Force (for short BSF) on 14.01.2003. In the month of October, 2005, it is stated that the writ petitioner had scuffled and altercation with his senior officer of the rank of Deputy Commandant, whereafter the writ petitioner was sent to Mawlai Mental Jail Hospital, Shillong. He was kept there under observation. Finally on 26.04.2007, he was discharged from the service on the ground that he was found suffering from Paranoid Schizophrenia. Before the writ petitioner was discharged on the above ground, he was examined by the Medial Board which opined that the writ petitioner was suffering from 50% disability on account of the above mentioned disease (Paranoid Schizophrenia). Earlier the 3 writ petitioner/appellant Deepak Kumar Sharma filed WP(C)No. 183 (SH) 2008 which was dismissed and discharge order passed by the respondent authorities was upheld. On this, the writ petitioner filed WA No. 48(SH) of 2010, which was decided by the Division Bench of Gauhati High Court vide its order dated 16.06.2011. The Division Bench set aside the order of discharge and directed the respondents to conduct fresh medical test of the writ petitioner by a Medical Board comprising at least one psychiatrist. The new Medical Board constituted in compliance with the said report also opined that the writ petitioner was suffering from Paranoid Schizophrenia and maintained his Medical Category S5H1A1P1E1. Consequently, fresh discharge order was passed on 01.09.2011 by the respondents. Hence the present round of litigation, wherein WP(C) 277(SH) of 2011 was filed by the writ petitioner. Learned Single Judge after hearing the parties, found that since the writ petitioner was found suffering with F20 Paranoid Schizophrenia with 50% disability as such his discharge from the service was in accordance with the Border Security Force Act and Rules framed thereunder.
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4. In the present writ appeal challenging the said order dated 28.06.2012 passed in WP(C)No. 277(SH) 2011, learned counsel for the writ petitioner heavily relied on the opinion of Professor and Head of the Department of Psychiatry, North Bengal Medical College Hospital, Sushrutanagar, District Darjeeling. In his report, it was observed by the Psychiatrist that the patient was found talking normally, rationally and made his points clear. It was further observed in his report that he has no thought disorder or perceptual disorder or any mood disorder.
5. On the other hand, learned counsel for the respondents argued that the disease of Paranoid Schizophrenia is not of the nature when all the time the patient shows the symptom of the illness. It is further contended that in the particular circumstances, the patient gets abnormal and violent. It is also pointed out on behalf of the respondents that not only the First Medical Board but also the subsequent Medical Board with different combination reached the same conclusion even after considering the opinion of the above mentioned Psychiatrist.
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6. Having considered the submissions of the learned counsel for the parties and after going through the impugned order passed by the learned single Judge, we are of the view that it is not proper on our part to impose any opinion over the opinion of the expert Medical Board. Since con-currently both the Boards have found that the writ petitioner was suffering from mental illness (Paranoid Schizophrenia) and he was of the Medical Category S5H1A1P1E1, as such we are of the view that on the medical ground as above, appellant's discharge from the service under Border Security Force Act and Rules cannot be said to be illegal. That being so, we are not inclined to interfere with the order dated 28.06.2012 passed by the learned single Judge.
7. Therefore, writ appeal is dismissed. No order as to costs.
(HON'BLE MR JUSTICE TNK SINGH) (HON'BLE PC PANT)
JUDGE CHIEF JUSTICE
24 March, 2014
th 24th March, 2014
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