1. Aggrieved by the action of respondent No.4 in issuing the impugned proceedings No.D.V-1/2022-CGH-Estt-5 dated 10th May 2022 terminating the services of the Petitioner and in not considering the representations of the petitioner dated 12.01.2023, 16.04.2023 and 21.07.2023, the present Writ Petition is filed.

2) Heard Dr. B. Karthik Navayan, learned counsel for the petitioner, Sri B. Jithender, learned Central Government Standing Counsel, appearing for respondent Nos.1 to 4, and learned Government Pleader for Services-I appearing for respondent No.5.

3) Learned counsel for the petitioner submits that the petitioner was appointed as a constable in Central Reserve Police Force on 15.03.2021 and sent for basic training for forty four weeks. After attending the training for eight weeks, the petitioner sought for leave to see his parents. But, the authorities have not approved his leave and therefore he continued the training. However, suspecting that the petitioner was depressed as his leave was not granted, he was sent to psychiatric test on 12.03.2022 and in the test report petitioner was shown as normal. Despite the same, petitioner was arbitrarily transferred to Hyderabad and was made to do all menial works like watering the plants, sweeping and mixing the cement and sand, etc. Further, on 10.05.2022 at 8.00 pm, petitioner was handed over with the impugned termination letter and thrown out of the CRPF campus without assigning any reason for termination and even without issuing any show cause notice before issuing the termination letter, in violation of principles of natural justice. As the CRPF authorities were suspecting the psychiatric health of the petitioner, he himself has approached the Government Hospital for Mental Care Erragadda, Hyderabad, and requested them to conduct psychiatric test on him, for which, he was informed that the psychiatric tests will be conducted only at the request of the CRPF and the requests of the individuals will not be considered. Therefore, the petitioner has approached the CRPF authorities and submitted letters dated 12.01.2023 and 16.04.2023 requesting them to refer him for psychiatric examination. However, there was no reply from the authorities. Therefore, the learned counsel seeks indulgence of this Court and prays to set aside the termination order dated 10.05.2022.

4) Per contra, the learned Standing Counsel submits that petitioner was enlisted in CRPF on 01.04.2021 and sent to ATC, Suratgarh on 20.04.2021 for undergoing basic training. During the course of basic raining, the petitioner was admitted in ATC Hospital, Suratgarh, on 02.06.2021 i.e. within 6 weeks of commencement of basic training with complaints of excess negative thoughts, restlessness, mood swings on diurnal basis. Thereafter, the petitioner underwent continuous treatment at various hospitals through CRPF for anti-depressant and Benzodiazepines Drugs (BZDs). The petitioner was relegated from basic training by ATC Suratgarh and till then, he was declared not fit to undergo combatised training. As such, the petitioner has returned back to Group Centre, CRPF, Hyderabad on 04.06.2021 and was further sent to Composite Hospital, CRPF, Hyderabad, for detailed psychiatric evaluation on 12.06.2021. On examination of the petitioner, the psychiatrist of Composite Hospital, CRPF, Hyderabad, found that the petitioner was still having negative thoughts and diagnosed as Mixed Anxiety and Depression and was provisionally made unfit for basic training. The petitioner was also advised for continuous medication. Further, he was again reviewed by psychiatrist on 03.08.2021 and advised to continue medication and it was also declared that presently the petitioner was not fit for basic training and advised for review after three months. Thereafter, in January, 2022, approval was sought from Directorate Medical, CRPF, to refer the petitioner for Review Medical Examination at Composite Hospital, CRPF, New Delhi. Accordingly, the Review Medical Board consisting of Chief Medical Officer (SG) (Psychiatrist) as Presiding Officer, Special Medical Officer as Member-I and Special Medical Officer (Psychiatrist) as Member-II, as detailed by the IG (Medical)/ Medical Superintendent, Composite Hospital, CRPF, New Delhi, vide Order dated 03.02.2022, was constituted to conduct review medical examination of the petitioner. On 04.03.2022, petitioner has reported at Composite Hospital, CRPF, New Delhi, and confessed that he was not on any medication for 40 days prior thereto and also denied to have any fresh complaints. As the petitioner was found normal in the said examination, he was admitted in the ward without prescribing any medication and kept under observation for his behaviour and sleep pattern. After days of admission, he developed uneasiness and uncomfortableness. As such, he was referred to Ram Manohar Lohia Hospital, New Delhi, for psycho diagnostic evaluation by clinical psychologist on 14.03.2022. Based on the reports and clinical findings, the Review Medical Board, which assembled on 05.04.2022, opined that the petitioner was found unfit for basic training and service in CRPF and also recommended his termination/invalidation from CRPF as per the Rules and Regulations of CRPF. Based on the said recommendation of the Medical Board and as per the provisions contained in sub-rule (1) of Rule 5 and Rule 6 of CCS (Temporary Service) Rules, 1965, the petitioner was terminated from service w.e.f. 10.05.2022 vide impugned order. Learned Standing Counsel further submits the appeal filed by the petitioner was also rejected by the Appellate Authority vide proceedings dated 31.08.2023 after proper examination of the case of the petitioner.

               4.1) Learned Standing Counsel contends that after several medical examination, the petitioner was declared ‘permanently unfit’ for combatised duties. Further, suitable reply to the representations of the petitioner dated 12.01.2023, 16.04.2023 and 21.07.2023 were already communicated to the petitioner vide letter dated 05.09.2023. Further, there is no provision in the Rules for conducting another medical/psychiatrist test. He further contends that the termination of the petitioner is strictly in accordance with Rule 6 of CCS (Temporary Service) Rules, 1965. Therefore, the learned Standing Counsel prays to dismiss the writ petition.

5) This Court has taken note of the submissions made by respective counsel and perused the material on record.

6) As can be gathered from the material on record, the petitioner was appointed as Police Constable in the CRPF Organization on 01.04.2021 and sent to ATC, Suratgarh, on 20.04.2021 for undergoing basic training for a period of 48 weeks. However, in view of the complaints of excess negative thoughts, restlessness and mood swings, the petitioner was, initially, admitted at ATC Hospital, Suratgarh, on 02.06.2021 and thereafter he underwent continuous treatment at various hospitals through CRPF for anti-depressant and BZDs. He was relegated from basic training by ATC Suratgarh and was sent back to Group Centre, CRPF, Hyderabad, and on 04.06.2021 petitioner was sent to Composite Hospital, CRPF, Hyderabad, for detailed psychiatric evaluation on 12.06.2021 wherein it was found that the petitioner was having negative thoughts and diagnosed as Mixed Anxiety and Depression and was provisionally made unfit for basic training. Again, the petitioner was reviewed by the psychiatrist on 03.08.2021 and he was advised to continue the medication and the psychiatrist has opined that petitioner was not fit for basic training.

7) The record further reveals that after initial examination at Composite Hospital, CRPF New Delhi on 04.03.2022, the petitioner was again referred to Ram Manohar Lohia Hospital, New Delhi, for psycho diagnostic evaluation by clinical psychologist on 14.03.2022. Based on the reports and clinical findings, the Review Medical Board, which assembled on 05.04.2022, has opined as under:

               “No.215145083 RT/GD Prasanth K of GC Hyderabad was evaluated with submitted treatment documents, clinical examination and psychodiagnostic evaluation report of RML Hospital, New Delhi. After going through the treatment documents and psychodiagnostic evaluation report of RML Hospital, New Delhi, the medical board came to the conclusion that the individual is suffering from DEPRESSION with H/O treatment taken from private Psychiatrist of Nizamabad. Psychiatrist of CH Jammu and psychiatrist of CH Hyderabad. He was treated with anti-depressants. The psychodiagnostic evaluation of RML Hospital, New Delhi also confirmed the diagnosis of DEPRESSION. DEPRESSION is a major mental illness characterised by stress in basic training and service, personal life and domestic problems. Keeping in view of inherent stress during basic training in CRPF and high risk related to easy access to firearms which is endanger to the lift of himself and others. No. 215145083 Recruit/GD Prasanth K of GC Hyderabad was found unfit for Basic Training and service in CRPF and recommended for termination/invalidation from CRPF as per the rules and regulation of CRPF. He is advised to continue tab. Nexito forte 10d and regular follow up with psychiatrist.”

Based on the above recommendations, the services of the petitioner were terminated vide impugned order dated 10.05.2022 by invoking Rule 6 of CCS (Temporary Service) Rules, 1965.

8) From the above, it is clear that the petitioner was afforded ample opportunity at every stage of proceedings. However, he was not cured well. Further, the Review Medical Board has also taken note of the inherent stress suffered by the petitioner during the basic training in CRPF and also the high risk related to easy access to firearms, which is endanger to the life of the petitioner as well as others, before recommending the termination of the services of the petitioner.

9) In that view of the matter, this Court finds that the action of the respondents in issuing the impugned termination order dated 10.05.2022 terminating the services of the petitioner from CRPF cannot be faulted with.

10) For the afore-mentioned reasons, the Writ Petition is dismissed. Miscellaneous petitions pending, if any, shall stand closed. No costs