082300766 Ct/Gd Dhan... v. The Union Of India A...

Hrishikesh Roy, J.:— The petitioner is serving as a constable in the CISF and his Battalion is currently posted at the IOCL, Duliajan. The constable suffers from seizure disorder and this causes difficulties in discharge of tough duties. To address the issue, the petitioner requested his Commanding Officer in October, 2016, to entrust him with softer duty but he was insulted, without realization of his seizure disorder syndrome. This led to hot exchange of words and eventually the constable was suspended and a disciplinary proceeding was started against him, under the charge memo dated 9.11.2016 (Annexure-1). Thereafter the charges were enquired and the penalty of reduction of pay by one stage for one year period, was ordered on 27.2.2017 (page-25), by the Commandant of the CISF Battalion. The resultant appeal was dismissed by the Appellate Authority, on 8.5.2017 (page-30).

2. The learned counsel Mr. R. Phukan submits that the special difficulties of the constable was not appreciated by his Commanding Officer and instead of empathizing with the constable, he was subjected to Disciplinary action, without any just cause.

3. In view of above, let notice returnable in 6 weeks, be issued. Ms. A. Gayan, the learned Central Govt. Counsel, accepts notice for all four respondents. Necessary extra copies be furnished to her.