- (1.) THIS is an application under Article 226 of the Constitution of India challenging an order dated May 10, 2011 passed by the Central Administrative Tribunal, Calcutta Bench, in Original Application No. 99 of 2010 with Miscellaneous Application No. 124 of 2011.
(2.) THE application was moved together with a prayer for condonation of delay in filing such application. The petitioner was a senior khalasi with the railway. It is alleged that he was suffering from mental illness. It appears to us that a disciplinary proceeding was initiated against him on account of long unauthorized absence. Although, the order of dismissal is not annexed to the petition, it is apparent that he has, since, been dismissed from service. The moot question is as to whether a mentally ill person could be discharged in the absence of holding a proper enquiry as to his mental illness. It is not possible for us nor it was possible for the Central Administrative Tribunal to make the enquiry as to whether the order of dismissal was passed against the employee concerned when he was suffering from mental illness.
(3.) WE, therefore, feel that justice will be sub-served if this writ petition is disposed of by granting liberty to the writ petitioner to make a representation to the Divisional Railway Manager, Asansol Division, Eastern Railway, ventilating his grievance. Let such representation be filed by fortnight from this date. If such representation is made, the Divisional Railway Manager, Asansol Division, Eastern Railway, is directed to consider his representation by three months after giving an opportunity of hearing and permitting him to produce relevant documents in support of his contentions.;