In An Organisation Like CRPF, Member With A Mental Condition Cannot Perform His Duties: Telangana HC Upholds Termination
|The Telangana High Court upheld the CRPF Commandant’s termination of a CRPF personnel on grounds of his mental conditions finding him unfit for the nature of the job. The petitioner filed a Writ Petition seeking a mandamus to declare the termination by the 4th respondent from CRPF as arbitrary, illegal, and unconstitutional. The petitioner, represented by his father, claimed he developed mental illness and depression during his extended probation period and was terminated without notice or salary as required under the Central Civil Services (Temporary Service) Rules, 1965.
A Bench of Justice Nagesh Bheemakapa reviewed the medical records and found that the petitioner suffered from bipolar affective disorder, psychosis C Epiphora, and depression, making him unfit for duty in an organization like CRPF that requires high levels of commitment and discipline.
The Court said, “In an organisation like CRPF, a member with such mental condition cannot be expected to perform his duties with utmost commitment and discipline. Hence, without any hesitation, this Court is in full agreement with what has been done by the 4th respondent.”
The issue before the Court was whether the termination of the petitioner was justified, and if the proper procedures were followed according to the relevant rules.
Advocate Narinder Pal Singh appeared for the Petitioner and Advocate Gadi Praveen Kumar appeared for the Respondent.
The petitioner's counsel argued that the termination was invalid as the petitioner was not given one month's notice as per Rule 16 of the Rules. The petitioner's mental illness was attributed to his service and thus, he should be provided suitable financial and medical assistance from the CRPF Risk Fund.
The Court agreed with the 4th respondent's decision to terminate the petitioner. It also concluded that the termination notice issued followed the provisions of Rule 5(1)(b) of the Central Civil Services (Temporary Service) Rules, 1965.
The Court dismissed the Writ Petition, stating that there was no merit in the petitioner's claims. The request for financial and medical assistance from the CRPF Risk Fund after termination was rejected, as medical expenses were already covered during the petitioner's service.
Cause Title: Sailada Malleswar Rao v. The Government of India & Ors.
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