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 disciplinary proceedings.

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 Enquiry Officer, the Disciplinary Authority vide order dated 10.08.2010 held the petitioner 'guilty' of the aforesaid charges and awarded the punishment of Compulsory Retirement from service with immediate effect. Thereafter, both the Appellate Authority vide order dated 28.09.2010 and the Revisional Authority vide order dated 18.03.2011 affirmed the order of the Disciplinary Authority, resulting in filing of earlier writ petition being W.P.(C) 6312/2011 titled Babu Khan v Union of India & Anr. before this Court. The said petition was disposed of vide order dated 21.03.2013 with directions as under:-

1. The recommendation dated 06.02.2010 of the enquiry officer as well as the orders dated 10.08.2010 passed by the Disciplinary Authority, 28.09.2010 passed by the Appellate Authority and 18.03.2011 passed by the Revisional Authority are hereby set aside and quashed.

2. In view of the above, the petitioner shall be reinstated in service. However, the petitioner shall not be entitled to any backwages.

3. The matter is remitted to the disciplinary authority to take a fresh view in the matter and make appropriate directions taking into consideration all circumstances including the medical status of the petitioner; nature of charges involved as well as the period which is lapsed since issuance of the charge sheet. The disciplinary authority shall thereupon take a decision whether it still requires to hold a de novo enquiry, from the stage that it stood vitiated, i.e., after issuance of the charge sheet.

4. In the event the authority takes a view, the facts and circumstances of the case require a fresh enquiry, the authority shall ensure that the principle of law and natural justice are strictly complied with.

5. Given the findings of the medical examination, which we noticed herein before, it shall be open for the disciplinary authority to direct appropriate medical examination. 6. In view of the time, which has elapsed, the disciplinary authority shall proceed expeditiously in the matter.'

4. In compliance thereof, the respondents reinstated the petitioner without any medical examination and conducted a de-novo enquiry qua the same chargesheet. Once again, based upon the report of Enquiry Officer, the Disciplinary Authority vide order dated 02.09.2014 held the petitioner 'guilty' of the abovesaid charges and awarded the punishment of Compulsory Retirement from service with immediate effect. Similarly, once again, both the Appellate Authority vide order dated 21.07.2015 and the Revisional Authority vide order dated 31.05.2018 affirmed the order of the Disciplinary Authority. Hence the present writ petition seeking quashing of the said Office Order(s) dated 02.09.2014, 21.07.2015 and 31.05.2018; reinstatement with full back wages/consequential benefits; and restra