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