- (1.)Here is a case where absence of the petitioner on account of his insanity/mental retardation/mental illness made him to suffer an order of compulsory retirement on the charge of unauthorised absence from duty.
(2.)The petitioner who put in about 31 years of service came to be served with a chargesheet dated 06.09.2002, alleging absenteeism from duty after 11.01.2000 and departmental inquiry was initiated against him. However, the petitioner did not attend the departmental inquiry and the departmental inquiry was concluded in his absence. Based on the inquiry report, the petitioner was served with second show cause notice, to which, the petitioner did not respond and ultimately the disciplinary authority the respondent No.4, passed order dated 13.01.2004 under Rule 3 of the Bombay Police (Discipline and Appeal) Rules, 1956, of compulsory retirement against the petitioner. In the said order, the period from 11.01.2000 till the date of the order, is considered as leave without pay.
(3.)The petitioner in his petition has averred about his mental condition and his inability to attend the inquiry proceedings. He has also averred that considering his long and unblemished service, he should be made entitled to pension and other retirement benefits as the order of compulsory retirement does not entail any consequences.