GAHC010117932016

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5416/2016

DEBAJIT PHUKAN

S/O. LEKHAN PHUKAN, R/O. VILL. SOLAL GAON, P.O. PANI GAON, P.S.

NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM

VERSUS

THE UNION OF INDIA and 4 ORS

REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME,

NEW DELHI.

2:THE DIRECTOR GENERAL OF POLICE

CENTRAL RESERVE POLICE FORCE.

3:THE INSPECTOR GENERAL

SOUTHERN SECTOR

CRPF

ROAD NO. 10-C

NEAR NEW MLA/MP COLONY GAYATRI HILLS

JUBILEE HILLS

HYDERABAD

TELENGANA STATE

PIN. 700033.

4:THE DEPUTY INSPECTOR GENERAL OF POLICE

GROUP CENTRE

CENTRAL RESERVE POLICE FORCECRPF YELAHANKA

BANGALORE KARNATAKA.

5:THE DEPUTY INSPECTOR GENERALMEDICAL

MEDICAL SUPERINTENDENT COMPOSITE HOSPITAL

CRPF

AVADI CHENNAI-600065 Advocate for the Petitioner : MR. A R SIKDAR, MR. M H TALUKDAR,MS. S PARVEEN Advocate for the Respondent : ASSTT. S.G.I., MR. B DEKA(C.G.C)

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 10.11.2025 Heard Mr. A. R. Sikdar, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC, appearing for the respondents.

2. The petitioner by way of instituting the present proceeding has presented a challenge to an order dated 08.08.2015, by which his services were terminated invoking the provisions of Rule 6 of the Central Civil Service (Temporary Service) Rules, 1965. The petitioner has also assailed an order dated January 2016, passed by the Inspector General, Southern Sector, CRPF, rejecting the appeal preferred by petitioner, herein, against the order of his termination dated 08.08.2015.

3. The facts in brief requisite for adjudication of the present writ petition is noticed as under;

The petitioner in pursuance to a recruitment process was selected for appointment as Constable(General Duty) in the Central Reserve Police Force (hereinafter referred as CRPF in short). The petitioner on his such selection was appointed as a constable vide order dated 16.11.2013. The petitioner was then deputed to undergo Basic training at the Regional Training Centre, Latur, on 17.05.2014. The petitioner after reporting at the Basic Training Center, remained absent from the training w.e.f.

19.05.2014 and had reported back on 03.09.2014. However, the petitioner was allowed to continue with his training but he again had to remain absent on being sick w.e.f. 29.09.2014 till 06.10.2014. The petitioner during the said period of time was diagnosed to be suffering from “Lumbar disc disease with nerve compression”. The petitioner was admitted in the hospital by the authorities of the Training Center and he remained in the hospital w.e.f. 07.10.2014 to 13.10.2014.

On returning from his medical leave, the petitioner was found to be sitting alone not talking to anybody and was seen to be under stress. Due to the unusual behavior demonstrated by the petitioner, herein, the petitioner was referred to the psychiatric ward of the GMCH, Latur (Maharastra) on 02.12.2014. The petitioner on being evaluated was found to have persistent feeling of helplessness, worthlessness, decreased sleep and appetite and was found to be demonstrating withdrawal behavior for last 2(two) years. He was also found to have lost of interest in activities, suicidal attempts in the past and was accordingly diagnosed to be suffering from “Major Depressive Disorder” and accordingly was put under medication.

The petitioner’s condition not found to be improving, he was referred to the Composite Hospital, CRPF, Avadi, for further management. The specialist examining the petitioner at the Composite Hospital, CRPF, Avadi, had again diagnosed the petitioner to be suffering from “Major Depressive Disorder”.

Accordingly on the basis of the evaluation of the petitioner by the expert at the said hospital the petitioner came to be declared to be unfit for training and service as a combatant in armed forces and he was categorized to belong to Shape-5 (P) and was recommended for invalidation from service.

Accordingly, the com