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SURESH KUMAR KAIT, SAURABH BANERJEE
Babu Khan – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Saurabh Banerjee, J. - As pleaded by petitioner, after appointment as a Constable in the Railway Protection Special Force on 27.09.1996, he faced personal turmoil resulting in him being diagnosed with a mental disorder 'Paranoid Schizophrenia'. Since then he has been receiving continuous treatment and medication for the same.
2. During the course of duty, respondent No.2 issued a chargesheet dated 30.09.2009 under Rule 153 of the Railway Protection Force Rules, 19871 framing two charges against the petitioner as under:
1. Cons/06SF9625243/Babu Khan of 'B' Coy 6BN/RPSF in the OR of Adjutant dated 15.09.2009 at Bn. HQrs by saying that if he had got coerce the Administration to post him to Bn. HQr by saying that if had he got ammunition, then he would hereinafter referred as 'RPFR' have opened fire in the Battalion campus, at Rail Bhavan or would shoot himself etc. if he is not immediately posted in HQr or if any DAR action is taken against him for overstay/absenteeism/etc.
2. He has been habitual of absenting/absconding from legitimate Govt. duty without any information and showing disobedience, violation and neglect of orders of seniors and superiors.
3. Based upon the report of
The central legal point established is the requirement to consider the mental condition of the petitioner, comply with medical examination requirements, and adhere to principles of natural justice in....
The court emphasized that medical documents must establish the inability to discharge duties to justify absence from duty. It also highlighted the importance of conducting enquiry proceedings as per ....
The court emphasized the importance of maintaining discipline in an armed force and upheld the disciplinary authority's decision based on the evidence presented during the proceedings.
Disciplinary proceedings against individuals with mental illness must consider their condition and provide reasonable accommodations as mandated by the Rights of Persons with Disabilities Act, 2016.
The main legal point established is that absence from duty cannot be deemed wilful if due to compelling circumstances, and disciplinary proceedings must be based on cogent material.
The punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
The court affirmed the validity of disciplinary proceedings and the imposition of removal from service for unauthorized absence, emphasizing adherence to procedural safeguards and the appellant's fai....
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