Disciplinary proceedings against employees with mental disabilities must consider their mental health status to avoid discrimination under the Rights of Persons with Disabilities Act.

JUDGMENT :

Purnendu Singh, J.

Heard Mr. Shashi Bhushan Kumar Manglam, learned Counsel appearing on behalf of the petitioner and Mr. Prabhakar Jha along with Mr. Amitesh Jha, appearing on behalf of the respondent/s.

2. This Court is not carried by the pleadings made in the writ petition or in the counter affidavit. The petitioner is suffering from mental illness, which was detected in medical terms as Bipolar Disorder Hypo-mania. The petitioner was treated at the Mental Hospital, Kanke and fitness certificate was issued on 30.06.1999, giving details that petitioner was admitted on 14.06.1999 for his mental status examination and treatment. The petitioner was discharged from hospital, having been found to resume his duties by the Medical Superintendent, RINPAS, who had certified to that extent by certificate no. C83 dated 30.06.1999. The said fact was considered in earlier round of litigation, which came to an end by the final order dated 26.11.2010 passed by a co-ordinate Bench of this Court in CWJC No.1787 of 2004. In the said order, this Court has taken into consideration the entire mental condition of the petitioner and had passed following orders:-

“Heard learned counsel for the petitioner and the counsel for the Vaishali Kshetriya Gramin Bank, which is presently named as Uttar Bihar Gramin Bank(hereinafter referred to as the Bank).

2. Petitioner at the relevant time served as Branch Manager in one of the branches of the Bank. He is aggrieved by the order dated 25.2.2003 Annexure-19 passed by the Chairman cum disciplinary authority, whereunder his five increments have been withheld pursuant to charge sheet dated 3.6.2002, Annexure-A to the counter affidavit. He is also aggrieved by the order dated 31.12.2003, Annexure-21,whereunder appeal filed by the petitioner against the punishment order dated 25.2.2003 has been rejected by the Board of Directors of the Bank, which has been communicated to the petitioner by the Chairman of the Bank under letter dated 31.12.2003. Perusal of chargesheet dated 3.6.2002, Annexure-A indicates that petitioner is alleged to have committed various acts of indiscipline on different occasions between 26.2.1997 to27.10.2001.The details of the incidents have been narrated in the chargesheet.

3. The Enquiry Officer having examined the allegations with reference to material exhibit nos.4 to 43,the complaints made by the functionaries of the Bank under report dated 30.11.2002, Annexure-17 found charge nos.1, 3 and 4 proved and charge no.2 partly proved. In this connection, he also considered the statement of the senior officers of the Bank,namely M/s. B.P. Singh, S.N. singh and A.K. Jha. Petitioner disputed the allegations made in the chargesheet and the findings recorded in the enquiry report on the ground that during the period between 26.2.1997 till 27.10.2001 he was under severe mental strain leading to his insanity and the said fact was also known to the authorities of the Bank. In appreciation of the mental condition of the petitioner he was even referred to the mental hospital for treatment and the treatment continued for the period between 6.10.1997 till 30.6.1999 and the acts of indiscipline alleged against the petitioner is on account of mental strain and disorder for which he was treated at Mental Hospital, Kanke, Ranchi after he was diagnosed to have been suffering from mental illness, pursuant to reference made to the Medical Board by the General Manager of the Bank under letter dated 6.10.1997, Annexure-3 where from he was discharged by the Medical Superintendent, Ranchi Institute of Neuro Psychiatrics and Allied Science, Kanke under certificate dated 30.6.1999, Annexure-8. In this connection, learned counsel for the petitioner has also invited my attention to the resignation letter submitted by the petitioner dated 10.9.2001, Annexure-12 which was subsequently withdrawn. It is submitted that the act of submitting resignation letter was also under mental strain.4. This court without going into