THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.18643 of 2010

O R D E R

Petitioner in this writ petition is representing her son Chinna Venkateswarlu Chouta. She is aggrieved by the Order passed by the 4^th respondent vide No. P.VIII-S/2009-GC.RR-EC-2, dated 11^th May 2010 dismissing her son from CRPF service after conducting an ex parte departmental enquiry.

2. The essence of averments of writ affidavit is as follows:

Petitioner’s son was employed in CRPF as Constable General Duty and put-in 20 years of service. He was suffering from mental illness while serving in CRPF. As per medical records, he was under treatment from 12.11.2008 at Gandhi Hospital as he was referred by respondent No.5 by order dated 27.12.2008, 29.12.2008 and 03.01.2009, and thereafter, referred to Institute of Mental Health, Erragadda, where he was admitted as in-patient from 29.04.2010 to 07.05.2010, and he is continuously under treatment. While so, the 5th respondent issued proceedings dated 11.05.2010 after conducting ex- parte departmental enquiry on the ground of grave misconduct and disobedience under Section 11(1) of CRPF Act, 1949, as a member of the CRPF, for awarding minor punishment that too when he son was under medical treatment for mental illness. It is also averred that his son was implicated in four departmental enquiries for misconduct under the CRPF Act, and was suspended without subsistence allowance, and later the suspension was revoked by 5^th respondent order dated 05.01.2009, but not permitted to perform his duties. It is also averred that his son was never declared as ‘Absconder’ or ‘Deserter’ from CRPF. It is further averred that the Disciplinary Authority ought to have initiated action under Rule 14 of CCS CCA Rules 1965 and if his son does not appear before the Authority to participate in the enquiry, then the Authority ought to have proceeded for ex-parte enquiry, but no such procedure was followed in his son’s case. His son was not paid subsistence allowance since 04.08.2008. When his son was under medical treatment for his mental illness, pending medical fitness, as required by the 5th respondent vide proceedings dated 01.03.201, his son’s case has to be processed for invalidation pension as per CRPF Standing Orders and CCS Pension Rules, 1972, and the dismissal from service order has been passed by 4^th respondent without affording an opportunity to petitioner, therefore, the order impugned in this writ petition is arbitrary and illegal.

3. The 5^th respondent-DIG filed a counter affidavit on behalf of the respondents refuting the allegations made in the writ affidavit. The essence of the counter affidavit is that petitioner’s son was placed under suspension vide Group Centre, CRPF, order dated 04.08.2008, and a departmental enquiry was contemplated. On 03.01.2009, the petitioner’s son reported sick, and CRPF Group Centre referred him to Gandhi Hospital for check up and treatment and the disciplinary authority vide order dated 03.01.2009 permitted him leave his declared HQR till he was returned by the specialist of Gandhi Hospital. On 05.01.2009, the sick report under Officer A.H.Khan along with the petitioner’s son proceeded to Gandhi Hospital in the ambulance of Group Centre at 8:15 hrs and on reaching Gandhi Hospital, the doctor prescribed medicines on an OPD slip and the petitioner’s son went to the medical store in the hospital for purchase of medicines where there were other people waiting for the petitioner’s son and the petitioner’s son left the place on 05.01.2009, and absconded from place of duty since then. It is also averred that during his absence, several directions were issued vide letters dated 13.01.2009, 21.01.2009, 27.03.2009, 07.03.2009, and 15.04.2009, but he did not report before the CRPF medical authority for second medical opinion nor submitted any medical documents. However, during February 2010, some medical documents were received through his advocate justifying his absence, and the documents r