HC quashed three orders passed by the authorities sending the constable on compulsory retirement and directed that he be reinstated with 50% back-wages with effect from September 2014.
It said those suffering from paranoid schizophrenia require constant guidance, assistance, medication and treatment as they may act erratically and their behaviour may be fluctuating and, by and large, they are neither harmful to the people at large nor a threat to the society.
“But, yes, they may, in a fit of rage, be a danger for some time. Those again depend upon the conditions, situations and surroundings prevalent then and most of all the gravity of the illness involved and may not, by and large, be present in all cases,” a bench of justices Suresh Kumar Kait and Justice Saurabh Banerjee noted. “Each individual suffering with the mental disorder paranoid schizophrenia has to be dealt with differently just like each doctor prescribes different medicines to different patients suffering from similar disease(s),” it said.
HC’s order came on a petition by the constable challenging his compulsory retirement from service and seeking reinstatement with full back-wages and benefits. As per the plea, he was appointed in Railway Protection Special Force in September 1996 and was later diagnosed with paranoid schizophrenia. The force chargesheeted him in 2009 for threatening to open fire in the battalion campus at Rail Bhavan or kill himself if he was not immediately posted in headquarters.