Important Point - Looking to the mental status of the petitioner it would not be in the fitness of the things to hold him entitled to be reinstated.

1. This writ petition has been preferred by the petitioner praying that the dismissal order dt. 06.05.1997 be set aside and be declared illegal and the petitioner be reinstated. He has also prayed for quashing enquiry report of the Enquiry Officer and the findings arrived at on the said basis by the disciplinary authority.

2. The short conspectus of the case is that the petitioner was enrolled as a Constable in R.A.C. on 23.12.1971. It is stated by him that in 1991, he suffered mental sickness called ‘Schizophrenia’ and ‘Delirium’ on account of which he used to unknowingly leave his place of posting and went astray. This resulted in unauthorized absence from duties. He underwent continuous treatment at various Government hospitals at Nagaur and Jaipur between 1991-93. But the ailment could not be cured fully and he would unknowingly overstay the leave or absent himself from duty.

3. It is stated that a memorandum dt.30.08.1994 was issued to him under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeals) Rules, 1958 initiating major penalty proceedings on the ground of alleged misconduct of overstaying of leave as well as deliberate absence from duty for various intervals during the period of 1991 to 1994. The petitioner being under mental Delirium/disease could not submit his reply and the enquiry was conducted ex-parte. The petitioner was not able to know about the departmental enquiry proceedings and while the Enquiry Officer gave a finding that he was suffering from mental sickness, held charges No.1 to 10 as party proved and remaining charges were fully proved. The Enquiry Officer further recommended that the petitioner deserves to be removed from service and of course it is an admitted position that the copy of the enquiry report has been served upon petitioner, however in his ‘Delirium’, the petitioner did not file any reply and the disciplinary authority imposed the penalty from dismissal of the service vide order dt.31.12.1996, treating the period of absence as extraordinary leave.

4. The petitioner preferred an appeal to the appellate authority who accepted the objections of the petitioner and found that the petitioner had not been provided adequate opportunity to defend his case and quashed the order of punishment and at the same time remanded the proceedings back to disciplinary authority to reconsider the case and to pass speaking order afresh after giving valid reasons.

5. It is the case of the petitioner that the disciplinary authority did not provide any further opportunity to the petitioner nor the petitioner was reinstated in service and the disciplinary authority proceeded to pass punishment order afresh in similar terms as earlier passed vide order dt.06.05.1997. The appeal preferred by the petitioner was however, disallowed and the dismissal order was maintained. Aggrieved of the removal order dt.06.05.1997 as well as appellate order dt.10.06.1998, the petitioner has preferred this writ petition inter alia stating that as the petitioner was admittedly suffering from mental sickness, the departmental proceedings could not have been undertaken against him.

6. Learned counsel for the petitioner further submitted that in view of the sufferance of the petitioner, the charge of not attending duties could not have been alleged on him. The fact was fully known to the respondents that petitioner has undergone his treatment for mental illness while he was in the police line. It was further submitted that the order of punishment could not have been passed against a mentally disable person and such an action was against human rights. He has also relied upon judgment passed by coordinate Bench of this Court in Jagdish Prasad Vs. State of Rajasthan & Others 2009(7) SLR 793 wherein identical case relating to constable who was suffering from mental illness, this Court has held as under:-

“The Disciplinary Authority in his case was the Superintendent of Police (Headquarter, Jaipur) who also control