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2005 DIGILAW 675 (GAU)

Md. Jaheruddin v. State of Manipur and Ors.

2005-09-13

T.NANDA KUMAR SINGH

body2005
Heard Mr. Y. Nirmolchand, learned counsel for the petitioner as well as Md. Jalal, learned Govt. Advocate appearing for all the respondents. 2. The fact, stated in short, of the case of the petitioner is that the petitioner's son is a constable of the Manipur Police Department, Govt. of Manipur, who was put under suspension under the order of the Superintendent of Police, Senapati District being No. SP-SPT/4/1/93 Senapati dated 26.1.1993 in contemplation of the disciplinary proceeding for unauthorized absence from 14.12.92 to 19.12.92 and from 19.1.93 to 23.1.93 i.e. 11 (eleven) days from his place of posting without any leave or permission from the competent authority and also for involvement in connection with FIR No. 20(1)93 Kangpokpi P.S. u/s 302 I.P.C. and 27 Arms Act. The further case of the petitioner is that while the petitioner's son was facing departmental inquiry as well as criminal case before the Court of the Addl. Sessions Judge, Manipur West, his son was suffering from the mental problem i.e. Chronic Schizophrenic and still his son is suffering from that illness. 3. He was examined by the State Medical Board on 8.5.2003 and found that he is suffering from Chronic Schizophrenic. Such being the situation, the Addl. Sessions Judge, Manipur West passed an order dated 6.2.1999 in S.T No. 3 of 1994, of the Court of Addl. Sessions Judge, Manipur West to the effect that : “Heard Director, Family Welfare Services, Manipur has submitted the finding of the State Medical Board vide its letter No. 1- MD/L/92-FWS(PT) dated 22nd Jan.1990. I have perused the certificate. The State Medical Board consisting of four members has examined the accused M.d. Ayub Khan on 21.1.1999 and found that the accused is suffering from Chronic Schizophrenic and is not in a position to make logical statement. I am satisfied to hold that the accused Ayub Khan is of unsound mind and is incapable of making his defence. Hence further proceedings of the trial against him is postponed. Announced in the open Court. Sd/- (NG.Max Phazang) Addl.SessionsJudge,Manipur West Imphal”. 4. On 7th April, 2003, the Superintendent of Police, Senapati District, Manipur wrote a letter dated 7.4.2003 to the Director, Family Welfare, Manipur stating that the petitioner's son had shown the symptoms of disturbed state of mind. Hence further proceedings of the trial against him is postponed. Announced in the open Court. Sd/- (NG.Max Phazang) Addl.SessionsJudge,Manipur West Imphal”. 4. On 7th April, 2003, the Superintendent of Police, Senapati District, Manipur wrote a letter dated 7.4.2003 to the Director, Family Welfare, Manipur stating that the petitioner's son had shown the symptoms of disturbed state of mind. He was examined by State Medical Board on 8.5.2003 and the Medical Board had concluded that he was suffering from Chronic Schizophrenic under the said letter dated 7.4.2003 it was requested that the State Medical Board may examine the petitioner's son about the position of his illness particularly mental health at the earliest. A copy of the said letter of the Superintendent of Police, Senapati District dated 7.4.2003 is available at Annexure-A/6 to the present writ petition which reads as follows: “No.C/SP-SPT/4/1/02/631 GOVERNMENT OF MASNIPUR OFFICE OF THE SUPERINTEDENT OF POLICE, SENAPATI DISTRICT, MANIPUR. Senapati, the 7th April,2003. To The Director of Family Welfare Services, Government of Manipur. Subject:- Medical examination of C/No.867080 Md. Ayub Khan (Now under suspension). Sir, With reference to above subject C/No.867080 Md. Ayub S/O Md.Jaheruddin of Yairipok Bazar, PS- Yairipok(now under suspension) was suspended for his involvement in F.I.R. No. 20(1) 93 KPI-PS, A trial had commenced in the Court of Additional Sessions Judge, Manipur West, Imphal. However, he had shown the symptoms of disturbed of mind. He was examined by State Medical Board on 21.1.99 and the Medical Board had concluded that he was suffering from Chronic Schizophrenic. Now he has requested the Government for retiring him from service on medical grounds. Therefore, it is kindly requested State Medical Board to examine present position of illness particularly mental health of Md. Ayub Khan. The findings may kindly be conveyed to this office at the earliest. Yours faithfully' Sd/-(SMIR ILKME , IPS) Superintendent of Police, Senapati District, Manipur.” Further case of the petitioner is that in pursuance of the said letter of the Superintendent of Police, Senapati District, Manipur dated 7.4.2003, the State Medical Board had examined the position of the illness of the petitioner's son particularly mental health of the petitioner's son on 8.5.2003 and also made a finding that the petitioner's son is completely unfit for further services of any kind in the Department which he belongs in consequence on Chronic Schizophrenic. His incapacity is not caused by irregular or intemperate habits. His incapacity is not caused by irregular or intemperate habits. A copy of the finding of the State Medical Board held on 8.5.2003 is available at Annexure-A/7 to the present writ petition which reads as follows: “ No. 2/MB/Inv/92-SFWB:- FINDING OF THE STATE MEDICAL BOARD MANIPUR HELD ON 8th May 2003 2 p.m. Certified that we have carefully examined Shri Md. Ayub Khan, (Now under suspension), S/O Md. Jaheruddin(Father) Government Servant in the Superintendent of Police, Senapati District, Manipur on dt.8.5.03 at 2 p.m. at the Directorate of Family Welfare Services, Manipur. His age by his own statement is 37 years. We consider Shri Md. Ayub Khan to be completely unfit for further services of any kind in the Department which he belongs in consequence of Chronic Schizophrenic. His incapacity does not appear to us to have been caused by irregular or intemperate habits. Chairman:- Sd/- Seal. Member:- Sd/- 8.5.03 Seal. Member:- Sd/- 8.3.03 Seal. Sd/- Seal, Medical Supdt. Sd/- Seal 8.5.03 Sd/- Seal.” 5. Learned counsel appearing for the petitioner strenuously submits that the respondents have not yet taken any decision about the retirement of the petitioner's son on invalid ground. Learned counsel appearing for the petitioner refers to Rule 38 of Central Civil Services (Pension) Rules, 1972. According to Rule 38, invalid pension may be granted if a Government servant retires from the service on account of any bodily or mentally infirmity which permanently incapacitated him from the service. Retirement for such under Rule 38 is that for the concerned employee for invalid pension should submit the report of the State Medical Board. In this case, the learned counsel for the petitioner further submits that the present petitioner's son, the State Medical Board not only once but twice had examined the mental condition of the petitioner's son and also his suitability to continue in the service; and the State Medical Board made the finding that the petitioner's son is completely unfit for further service of any kind in the Department which he belongs on account of Chronic Schizophrenic. The further case of the petitioner is that according to Rule 69 of the Central Civil Services (Pension) Rules, 1972, the petitioner's son will be entitled to get Provisional pension for the reason that the said Departmental inquiry and the said criminal case are still pending. 6. The further case of the petitioner is that according to Rule 69 of the Central Civil Services (Pension) Rules, 1972, the petitioner's son will be entitled to get Provisional pension for the reason that the said Departmental inquiry and the said criminal case are still pending. 6. On considering the submissions of both the parties as well as carefully perusal the case of the petitioner's son in the present writ petition and also finding of the State Medical Board dated 21.6.99 and 8.5.2003, it appears that it is a fit case where the Government employee may be granted invalid pension. Accordingly, the respondents are directed to take appropriate decision as to whether the petitioner's son can be allowed to retire on medical ground and also granted invalid pension and Provisional pension in compliance with Rule 69 of the Central Civil Services (Pension) Rules, 1972 within a period of 3(Three) month from the date of receipt of this order and judgment. 7. To the extent mentioned above, this writ petition is allowed.