Judgement Key Points

1. "If you talk to God, you are praying; if God talks to you, you have schizophrenia. If the dead talk to you, you are a spiritualist; if God talks to you, you are a schizophrenic." The above proverb was used by Thomas Szasz in `The Second Sin (1973). In view of the above, it can be said that even the `God would listen to the prayers which are being made by the human beings and other creatures on the earth with clear hearts. If this is not so, the whole world would come to a stand-still.

2. In the case in hand, the petitioner made a request to the respondent authorities for voluntary retiring him from service due to his inability to render further service on account of some domestic problems but the said request was not accepted and it is due to the said non-action on the part of respondent authorities in accepting the request of the petitioner for voluntary retirement even though he had completed more than twenty years of active service that the petitioner has been compelled to approach this court through the medium of present petition.

3. The facts in brief are that the petitioner was enrolled as Constable in Security Service Bureau on 7th of Aug70. He continued to serve as such till 6th of Aug92. It has been pleaded in the writ petition that on 7th of Aug92, when the petitioner was posted at B-Coy Akhnoor, he suffered from mental disorder due to which he was unable to perform his duties. He remained under the treatment of one Dr J.R.Thapa, a Consultant Psychiatrist, Government Medical College, Jammu. As the petitioners condition did not improve and he being unable to perform his duties, an application was moved by him before the authorities concerned for verification of his service documents. The petitioner also applied for voluntary retirement. The said application of the petitioner, however, was not considered. The petitioner thereafter served a legal notice upon the respondents for considering his case for voluntary retirement and releasing of pensionary benefits in his favour as the petitioner had completed the requisite service entitling him to receive the pension and other pensionary benefits. Meanwhile, vide order dt. 9th of July93, passed by the respondents, the petitioner came to be removed from service after holding an ex-parte departmental enquiry.

4. Thereafter, a writ petition bearing OWP No. 2/98, was filed which was dismissed vide order dt. 17th of July2000, on the ground that the same has been filed by the wife of the petitioner. A Letters Patent Appeal came to be filed against the aforesaid order bearing LPA(OW) No. 244/2000. A Division Bench of this court vide order dt. 16th of April02, disposed of the LPA with the following directions:

"The appellant is left free to challenge the oder of removal in appeal. In case this appeal is preferred, this would be decided on merits and not on the ground of limitation. The plea taken by the appellant that he had applied for voluntary retirement, be also gone into. The appellant had rendered 22 years of service. This aspect of matter be also taken note of. It is hoped that the respondents shall take note of mental faculties of the appellant and if he is really suffering, he be dealt with compassion. The question viz-a-viz quantum of punishment would be specifically gone into. The appeal be preferred within normal period, which is prescribed. The period of limitation begins from today. Needless to mention that speaking order would be passed and efforts would be made to dispose of the appeal at the earliest, preferably within six months. Any observation made by the learned Single Judge or in this appeal, would not be taken as final expression of opinion."

5. In view of the liberty granted by the Letters Patent Bench vide aforementioned order, the petitioner preferred an appeal before the authority concerned. The said appeal came to be dismissed vide order impugned dt. 20th of Aug02. It is this order which is subject matter of challenge in the present petition.

6. Learned coun

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