A challenge to a dismissal order from service is barred by laches if the aggrieved party accepts the order and fails to challenge it for an extended period, regardless of subsequent claims of medical incapacity.

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in Order No.R.XIII-11/ 2023-SZ- CRV-I dated 31.08.2023 passed by the 3rd respondent and quash the same as illegal, arbitrary, non-speaking and contrary to the directions issued by this Honble Court, consequently direct the respondents to grant compassionate Allowance to the petitioner under Rule 41 of the CCS (Pension) Rules, 1972 (now Rule 39 of the CCS (Pension) Rules, 2021) by duly considering the petitioner’s long-standing psychiatric illness, medical incapacity and special circumstances in a humane and judicious manner; In the alternative, direct the respondents to reconsider the petitioner’s claim for compassionate allowance and /or medical invalidation afresh by a higher and independent authority, strictly in compliance with the binding directions of this Honourable Court and the law laid down by the Honourable Supreme Court, pending disposal of this writ petition, direct the respondents to provisionally consider and sanction compassionate allowance to the petitioner, subject to the result of the writ petition, in order to alleviate continuing hardship and deprivation of livelihood.

For Petitioner: Mr.G.S.Mani

For Respondents: Mr.V.Ashok Kumar

(R1 to R6) Senior Panel Counsel

ORDER

The present Writ Petition has been filed for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in Order No.R.XIII-11/ 2023-SZ- CRV-I dated 31.08.2023 passed by the 3rd respondent and quash the same as illegal, arbitrary, non-speaking and contrary to the directions issued by this Honble Court, consequently direct the respondents to grant compassionate Allowance to the petitioner under Rule 41 of the CCS (Pension) Rules, 1972 (now Rule 39 of the CCS (Pension) Rules, 2021) by duly considering the petitioner’s long-standing psychiatric illness, medical incapacity and special circumstances in a humane and judicious manner; In the alternative, direct the respondents to reconsider the petitioner’s claim for compassionate allowance and /or medical invalidation afresh by a higher and independent authority, strictly in compliance with the binding directions of this Honourable Court and the law laid down by the Honourable Supreme Court, pending disposal of this writ petition, direct the respondents to provisionally consider and sanction compassionate allowance to the petitioner, subject to the result of the writ petition, in order to alleviate continuing hardship and deprivation of livelihood.

2. The brief facts, which have resulted in the filing of the present Writ Petition as set out in the Writ Petition, are as follows:-

2.1. The petitioner, an Ex-Constable (GD) of the CRPF, was dismissed from service on 25.02.2002 after being declared a deserter with effect from 07.06.2001. It is the case of the petitioner that during the relevant period, he was suffering from a severe psychiatric illness (Paranoid Psychosis) and was undergoing continuous treatment in various Government and private psychiatric hospitals, including the Base Hospital CRPF (Hyderabad), Government Medical College (Coimbatore), Institute of Psychiatry (Madurai), and Sundaram Medical Foundation (Chennai).

2.2. On account of his deteriorating mental state, the petitioner was unable to rejoin duty or effectively participate in the departmental enquiry. The petitioner submits that the said enquiry was conducted ex parte without due consideration of his medical records, thereby violating the principles of natural justice