The High Court · 2025

...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praylg that in the circumstances stated in tne ifrOavit filed therewith' the High Court may be ;;ue a writ, ordlr or direction more particularlv one in the nature of ;i;;;;'i; Writ of Mandamus dectaring 5th respondent impugned olq"-t 9f Termination a)ieo- u,..oi;l .2011 and 3rd ftespondent order dated 17 10 2011 as perverse' arbitrary, illegal, unlust anJ as violoative of the principle of natural justice and.,to direct the Respondents to reinstate the set aside the same rnO p"iit.."i into service in tt! ir." polt *itn tall back wages and consequential benefits. "onitq'"ntly t.A. NO: 10F 20'l1lWPMP. NO : 38005 OF 20 11) Petition under Section 151 CPC PraYing that in the circumstances stated in the affidavit filed in support of the Petition, the Hig h Court maY be Pleased to grant interim suspen sion of the 4th respondent impug ned Termination Order daled 14.07.2011 and 3rd resPondent order dated 17 10.2011 permitting the petitioner to continue in service in the same Post and PaY scale Counsel for the Petitioner: SRI' NARINDER PAL SINGH a;;;.;l forthe Respondents: SRI GADI PRAVEEN KUMAR The Court made the following: ORDER DEPUTY SOLICITOR GENERAL OF INDIA I! ; t. I !1 I * ,1 H rG ,1 I J,fl THE HONOURABLE SMT. JUSTICE P.SREE SUDIIA WRTT PETITION No.30658 of2 011 ORDER: This rvrit petition is filed to deciare the 5tr., respondent rmpugned order oI Termination dated 14.O2.2O11 4n6[ Jra Respondent Order dated 1Z .1O.2O11 as illegal and to set aside the same and to direct respondcnts to reinstate the petitioner into service in the same post i,r.ith alj berck wages and consequential benefits

2. Heard both sides Perused the record 3. In a counter filcd by respondents, it is stated that pctitioner v,,as postcd as Constable from RTC tsatru,aha to ASG Trivandrum after completion of his basic training As per letter No.57i7 dared 28.08.2010 of Commandant, CISF Unir, RGr Airport, Hyderabad, petitioner was being brought in train from RTC Banr.aha to his place of posting CISF Unit, ASG Trivandrum. On the way, the petitioner lost his mental baiance and r.r,ent bel,ond the control Petitioner was brough t to on 24.O8.201O and it .,r,as informed to CISF No. E-380 i B/38 /2O i O/ ESTT_ Headquarters vide H_r,derabad m essage l.e 2 .l Ivl2183 dated 27.08.20 10 and cancelled his posting to ASG Trivandrum and posted him to Training Sector, Hyderabad with a direction to get his SMB done in vierl'of his medical condition to explore the possibility of boarding him out medically or terminate his services. He was taken to NISA Hospital for SMB on 31.O8.2010 and after examination, the Doctors of NISA Hospital opined that the petitioner needs long treatment and referred him to Government Hospital for Mental Care, Hyderabad.

4. As per medical report dated 30. 1 I .20 10, he was suffering from "Bipolar Affective Disorder, Mania without psychotic features II Episode". He was found fit for the duty without arms and ammunition for a period of three months only and after three months, his work has to be revierved. He was again sent to Hospital after three months along with his work report After psychological examination, the Committee opined on

16.03.201 1 that he was still having features of Bipolar Illness and he was declared unht lor arms dri11, Quarter Guard duty, duty with arms and ammunition and not to be posted alone I a.) and at isoiated place and his work should be under close supervision. The petitioner was taken on strength of ClSl.'/NISA, H,vderabad w.e.f 28.O8.20 10 and his services were term i nated.

5. Admittedly, he was appointed in the year 2OO9 and not completed his two years of probation on the date of termination, as such the contention of the leamed counsel for petitioner carlnot be accepted. He was a.lso referred to the Medical Board anrl arfter considering the opinion of the Medical Board. he was terminated from services as per the central Industrial Security I I Forcc Rules, 200 1 clause (241 rule (2), which reads as foilows: Il- cltuirrg tlte period of probation the appointing authoity is of the opinion that a member of the Force is not fit for perTnanent appointment, the appointing authoitg mag discharge him (or terminated the seruices) from the Force ctfter issue of notice of one month or after giuing one month,s 1.tag in Lieu of such notice, or reuert him to the rank from ruhich he uas promoted or repatiate to his parent department, as the case mag be.

6. He got terminated after he is not fit for dut1.. In this case, the petitioner was suffering from psychological problems and it 4 was confirmed by the Medical Board as such he r'",as rightll, terminated from the services and the writ petition is devoid ol merits and is liable to be dismissed 7 . Accordingly, this writ petition is dismissed. There shall be no order as to costs Miscellaneous petitions pending, if any, shall stand closed //TRUE COPYI/ S 'J;';r'iT'J[t\3'?=^'J SECTION OFFICER OPUC} t TY SOLIC ITOR GENERAL ,1 I { To, 1 One CC to SRI' i one CC to SRI - oF INDIA [oPU 3 Two CD CoPies StBl[,-KEe k ?,]'f; x-l8E"J3 $. BS t f } I tI t HIGH COURT DATED: 2410312025 ORDER WP.No.30658 of 2011 4r.sEH13o,( '/ 16- a^ a.- ) o ) 2 UJ0 20[ t a ntCT4cF +-a t DISMISSING OF THE WRIT PETITTON WITHOUT COSTS (*- 3o )) I ,1 |t ,t $ ,L, *t F rl. ',8