- (1.) HEARD Shri Uma Kant, learned counsel for the petitioner. Shri A.K. Gaur assisted by Shri Prabhakar Singh appears for the respondents.
(2.) BY means of this writ petition, the petitioner has prayed for following reliefs: - "i) a writ, order or direction in the nature of certiorari quashing the order of respondent no.2 dated 15.12.1998 and order of respondent no.1 dt.9.12.99 contained in Annexure No.4 and 6 of writ petition. ii) a writ, order or direction in the nature of mandamus directing the respondents to reinstate petitioner in service. iii) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. iv) Award the cost of petition to the petitioner."
(3.) BRIEF facts giving rise to the writ petition are that the petitioner was appointed as a Constable in Railway Protection Force on 31.8.1989. It is submitted that upto December, 1996 the petitioner was doing his duties upto the satisfaction of his superior authorities and there was no complaint regarding their work and conduct. Suddenly from January 1997 he began sufferring from mental ailment and started fearing from evil forces and spirits. Consequently the physical and mental health of the petitioner started deteriorating day by day. In this connection the petitioner requested for grant of leave with the higher authorities but his request was turned down. During this period under compulsion the petitioner was forced to join Athletic team and to report to Kharagpur from 6.1.1997 to 14.1.1997 for Athletic practice in connection with 46 All India Police Athletic meet. Reluctantly the petitioner joined the team and started journey with other jawans on 6.1.1997 to attend the meet. It is alleged that during the journey he had lost control in his mind and in the midway he got down from the train. Thereafter, somehow he was brought to his office and joined on 10.4.1997 and remained on duty till 25.5.1997. Thereafter, again he became upset and remained absent from duty without information from 26.5.1997 to 25.1.1998. It is stated that as the petitioner was sufferring from mental ailment, after getting cured he gave his joining on 25.1.1998 along with medical certificate and he was allowed to join on 25.1.1998. Because of the absence the petitioner was served with a chargesheet dated 11.2.1998. The charge against the petitioner was that he overstayed from his sanctioned leave and absented from duty from 26.5.1997 to 25.1.1998 without any information. The enquiry officer has taken the statements of prosecution witnesses and defence witnesses. The witnesses of both sides stated that the mental condition of the petitioner was not good. After taking all the evidence, the enquiry officer found that the charges were not proved against the petitioner and submitted his report on 6.10.1998. It is submitted that inspite of the enquiry report in favour of the petitioner, the punishing authority vide impugned order dated 15.12.1998 had removed the petitioner from service. Against the said impugned order the petitioner had filed a departmental appeal. As the departmental appeal was not being decided, the petitioner had filed writ petition being Writ Petition No.28099 of 1999, which was disposed of on 16.7.1999 with a direction to decide the appeal within a period of two months. In pursuance of the order of the High Court, the appeal of the petitioner was decided and the same was rejected on 9.12.1999.;