Point of Law :The determination of a person’s mental illness shall alone not imply or be taken to mean that the person is of unsound mind unless he has been declared as such by a competent court]. It means substantial disorder of thinking, mood, perception, orientation or memory. All these attributes are noted by the Enquiry Officer. This Act prescribes procedure for assessment, treatment and care to be taken after the treatment.

ORDER :

1. Petitioner was working as Constable in Central Industrial Security Force (CISF). By order dated 06.05.2015, he was placed under suspension on the allegation of assaulting Inspector/Exe. Brijender Singh, Coy. Commander. On 08.05.2015, charge memo was drawn and communicated to the petitioner. Charge memo contained four charges. The disciplinary proceedings initiated in the said manner culminated by order dated 07.11.2015, where under punishment of compulsory retirement from service with full pensionary benefits was imposed on the petitioner, and the same was confirmed by the Appellate Authority vide his order dated 02.11.2016. In this writ petition, petitioner challenges the order of compulsory retirement, as affirmed by the appellate authority.

2. Heard Mr. Sampath, party-in-person and the learned Assistant Solicitor General for Central Government.

3. Extensive submissions are made by the petitioner and learned standing counsel. However, having regard to the order, the Court proposes to pass in this writ petition, the Court only records the submissions on the aspect of health condition of the petitioner, particularly on ‘Bipolar Mood Disorder’ and whether the same has any impact on the disciplinary action initiated and concluded against the petitioner.

4.1. According to the petitioner, during the relevant period, he was suffering from mental illness and was undergoing treatment in the Government Hospital in Karimnagar and in the Government Mental Hospital at Eerragadda at Hyderabad. During the course of enquiry, petitioner also informed the Enquiry Officer about his health condition and placed before him the relevant medical record in support of his contention. This specific assertion of the petitioner was not considered by the Enquiry Officer and illegally holds the charges as proved without subjecting the petitioner to medical examination and without providing proper opportunity to defend the charges leveled against him.

4.2. Petitioner further submitted that in response to the show-cause notice against findings of the Enquiry Officer, he has specifically pointed out to the Disciplinary authority about his mental condition, but disciplinary authority also failed to appreciate his contention and erroneously passed the orders of compulsory retirement.

4.3. Petitioner further submitted that in the appeal preferred against the order of compulsory retirement, he has raised specific contention about his health condition and denial of reasonable opportunity, but the same was also not appreciated by the appellate authority and mechanically rejected his appeal. Petitioner therefore submitted that as his health was not good and he was suffering with some mental illness, the respondents erred in conducting disciplinary proceedings, holding the charges as proved and imposing punishment of compulsory retirement and, therefore, the entire proceedings are vitiated.

4.4. In support of his contention that his health condition was within the knowledge of the respondent authorities, petitioner placed reliance on his representation submitted to the Director General requesting to transfer him to Hyderabad on the ground that he is suffering with some mental disorder and he requires treatment. Accepting his request, the Director General transferred the petitioner to Hyderabad vide his proceedings dated 03.07.2015. He would submit that this order of transfer recognizes the claim of petitioner that he was suffering from some mental disorder and he requires treatment. He therefore submitted that the respondent authorities, particularly Disciplinary Authority, the Enquiry Officer and the Appellate Authority are all aware of his mental condition, and the same was not taken note of while considering his defense and while passing orders imposing punishment by the appellate authority.

4.5. According to the petitioner, as per the Central Civil Services (Medical Examination) Rules, 1957, which are applicable to the Constables in Central Industrial Securit