O R D E R

The present Writ Petition has been filed for issuance of a Writ of

Certiorarified Mandamus calling for the records pertaining to the order of the 5th respondent herein made in proceedings no.P.VIII.7/2014.32.EC.2 dated 29.10.2014 imposing punishment of compulsory retirement from service and consequential order dated 02.01.2015 of 4th respondent in proceedings no.R.XII.32/2015-EC-1 and order dated 24.04.2015 of the 3rd respondent in proceedings no.R.XIII-12/2015-M&N-Admn-II and quash the same and direct the respondents to reinstate the petitioner into service with all monetary benefits and backwages.

2. The brief facts of the case is as follows:-

(i) The petitioner joined the Central Reserve Police Force as

Constable / General Duty, during the year 1992. After his basic training, he had served in various units deployed at different places in our country. At last, he was posted in 32 Battalion, CRPF, Manipur. While so, the petitioner proceeded on 15 days causal leave including holidays from 02.12.2013 to 19.12.2013. After availing leave, the petitioner reported at Transit camp at Kolkata at 0830 hours on 20.12.2013 for availing Air Courier Service from Kolkata to Imphal and on 22.12.2013, the petitioner was informed that his air courier seat was confirmed on 23.12.2013 and the same was cancelled on 23.12.2013. Since the petitioner was in sick and affected by psychosis, the petitioner could not realise, what had happened on 23.12.2013. The battalion Havildar Major of 167 Bn with few other personnel came to Ors line and beaten the petitioner seriously without any valid reasons and sent out of the Transit camp.

(ii) Subsequently, on 24.12.2013 at about 2030 hrs, the Government

Railway Police of Howrah Railway Station apprehended the petitioner under Section 354 IPC and a FIR was also lodged against him. After attending the court, he reached his Battalion Hqr by air courier along with other personnel. On reporting Battalion at Manipur, the petitioner was admitted in hospital at Manipur from 09.01.2014 to 01.02.2014. During the said period the petitioner was referred to Regional Insitute of Medical science Hospital (Department of Psychiatry), Lamphel, Imphal. As per medical OPD Card dated 10.01.2014, 17.01.2014, 24.01.214, 31.01.2014 issed by the Regional Institute of Medical Science Hospital, Lamphel, Imphal, the petitioner has been diagnosed as:

“Fearfullness

Seeing some people coming to attack him

Suspiciousness

Hearing of unusual voices

Patient is conscious,cooperative oriented to time, place and person

Idea of persecution

Perception – Auditory & Visual hallucination

Psychosis

Sleeping disorder”

(iii) Further, the petitioner have also been placed under medical category S2 and P2. This fact was not taken into account while concluding the petitioner's case. Since the CRPF personnel are performing the combat duty, CRPF introduced medical category SHAPE-I for the purpose of their promotion vide standing order no.04/2008. As per this standing order, Medical categorization of the SHAPE system with employment limition to High altitude areas as well as difficult and stressful areas. The definition of different factor under Shape System is as under:-

“a) S - Psychological b) H – Hearing c) A – Appendages d) P – Physical capacity e) E- Eye Sight and general evaluation of these numerals is as under:-

Shape -I : Fit for all duties anywhere

Shape-2 : Fit for all duties may have limitation as to type of duties and areas of employment depending on whether the duties involve severe stress or demand acuity of hearing /

vision of both ears/ eyes.

Shape – 3 : Excepting 'S' factor, fit for routine or sedentary duties but may have limitation of employability at high altitude extreme cold areas / hilly terrain and for long stressful and difficult assignments

Shape – 4 – Temporary unfit for CRPF duties on account of hospitalization / sick leave

Shape – 5 – Permanently unfit for CRPF duties.”

(iv) The petitioner was served with memorandum for instituting departmental