IMPORTANT POINT
Services of an employee acquiring a disability during his service cannot be dispensed with.

JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J.

Leave granted.

2. This appeal has been preferred by the appellant against the judgment of the Division Bench of the High Court of Delhi dated 20th April, 2010 in W.P.(C)No.2622 of 2010. The relevant portion of the said judgment reads as follows:

“ORDER

20.04.2010

After some arguments, learned counsel for the petitioner seeks to withdraw the petition as a finding has been given by the respondents, that the petitioner is an insane person and the petition has been filed by the insane person himself and not through the next friend.

In the circumstances, learned counsel for the petitioner seeks to withdraw the petition with liberty to file an appropriate petition through the next friend.

Dismissed as withdrawn with the liberty prayed for.

All the pending applications are also disposed.”

3. The aforesaid order has been challenged by the appellant on two counts mainly:

i) The High Court failed to decide the question as to whether the appellant is an insane person; and

ii) If so, i.e. if the appellant is insane, the High Court ought not to have allowed the lawyer who received instructions from an insane person to withdraw the case.

4. In this case, it is not necessary to discuss all the facts, except the relevant one, as mentioned hereunder:

The appellant joined the Indian Administrative Service (I.A.S.) on 12th July, 1977. He alleged that while he was posted as an Additional Secretary-cum-Editor of State Gazatteer, Bihar at Patna, he was placed under suspension from 17th February, 1988 to 20th February, 1988 and by another order dated 24th February, 1988 he was placed under suspension till further orders. Subsequently, the order of suspension was revoked on 24th February, 1990. He moved before the Central Administrative Tribunal, Patna Bench, in O.A.No.288/1991 seeking a direction to the respondents to promote him to the selection grade from the date he became entitled with all the consequential benefits. The appellant contended that he has a clean service record, except for the year 1985-86 for which an adverse ACR was communicated to him by letter dated 25th February, 1989, after a lapse of near about three years. The detailed facts related to adverse entry, etc. were brought on record and the Tribunal after hearing the parties, by the judgment dated 22nd June, 1992 held that it was not just and fair to act upon the adverse entry of 1985-86 against which the appellant's representation is still pending and directed the respondents to consider his case in the next DPC for promotion to the selection grade on the basis of existing material. The said application was accordingly disposed of by the Tribunal.

5. It appears that another application Registration O.A.No.238/1991 was preferred by the appellant before the Central Administrative Tribunal, Patna Bench, wherein on the revocation order of suspension he prayed for a direction to the respondents to give him a post befitting to his status with further prayer to direct the respondents to pay his salary for the period from February, 1990 onwards with interest and cost. The said application was disposed of on 10th October, 1992 with a direction to the respondents to pay the appellant salary for the certain period with interest.

6. Subsequently, the appellant was placed under suspension on 20th May, 1993 and was subjected to departmental inquiry by the Member Board of Revenue and Inquiry Officer who framed charges by Memo No. 6056 dated 22nd June, 1993 against the appellant.

7. Appellant in his reply stated that a number of time he was placed under suspension and proceedings were initiated in that regard, and orders are made directing him to be present before a Medical Board, which not only tortured him but also his family, and also stated that he had developed incurable ulcer, hence he expressed his inability to be present before the inquiry.

8. It appears that one of the charges was that the appellant while posted as Officer on Special Duty, Bihar State Plannin