CWP No.9790-CAT of 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.9790-CAT of 2004 DATE OF DECISION: April 21, 2009 DIRECTOR GENERAL, SAI ...PETITIONER VERSUS CAT AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MS. JUSTICE NIRMALJIT KAUR. PRESENT: MR. ARVIND MOUDGIL, ADVOCATE FOR THE PETITIONER. MR. MANU K. BHANDARI, ADVOCATE FOR THE RESPONDENT No.2. ASHUTOSH MOHUNTA, J.(ORAL) The Sports Authority of India (for short 'SAI') through its Director General has filed the present writ petition impugning the order dated 29.01.2004, passed by the Central Administrative Tribunal, Chandigarh Bench (for short 'the Tribunal') vide which the order Annexure A-12 dated 24.7.2002 was quashed and set aside, and directions were issued to the petitioners to take back the applicant back in service alongwith all rights of continuity of service and entitlement to receive the arrears of salary w.e.f. 24.7.2002. Briefly, the facts of the case are that the respondents Rajesh Kumar Bhola joined the service of the Sports Authority of India as an Assistant on 13.4.1992. During service he developed mental illness and started behaving irrationally and did not do his work properly. Considering CWP No.9790-CAT of 2004 -2- his erratic behaviour the Director Incharge received a letter from the Secretary, SAI dated 15.7.1999, wherein it was stated that the applicant be referred to a psychiatrist at PGI for a complete check-up of his mental state. During the period he was mentally unsound, the respondent started loitering and wandering in the streets and did not know what was good or bad for himself. In such a frame of mind the respondent submitted an application to the Regional Director, SAI requesting that he be relieved of his duties. His resignation letter was accepted w.e.f 10.2.2000 and the respondent was duly relieved from service. However, the post left by him was still lying vacant. Subsequently, after receiving treatment from Government Medical Hospital, Sector 32, Chandigarh the ailment of the respondent was cured and therefore, he submitted an application that he be allowed to rejoin his duties. A Committee was constituted to examine the suitability and fitness of respondent for the purpose of rejoining his duties and the Committee found that the respondent was suitable and fit. Accordingly, on the recommendation made by the Committee, the Regional Director, SAI allowed respondent No.2 to resume his duties by passing a speaking order (Annexure A-5) dated 27.2.2002. Respondent No.2 submitted his joining report on the same date and started performing his duties. Subsequently, vide order dated 24.7.2002 (Annexure A-12), directions were issued by the competent authority to withdraw the order dated 27.2.2002, vide which the respondent had been allowed to rejoin his duties. Respondent No.2- petitioner filed O.A. before the Tribunal wherein it was averred that as he was suffering from a mental disorder and was not in a proper frame of mind, therefore, he should be allowed to rejoin his duties and his resignation from service should not be accepted. On the other hand, the petitioner- CWP No.9790-CAT of 2004 -3- respondents took up a stand that once resignation of the respondent No.2- petitioner has been accepted under the provisions of Rule 26(4) of the CCS (Pension) Rules, no permission could be given to withdraw the same after a period of 90 days. The Tribunal after going through the entire record came to the conclusion that a perusal of the resignation letter makes it clear that the respondent No.2-petitioner was not in a sound state of mind when he submitted his resignation letter. This is also confirmed by the fact that the Department itself recommended to have respondent No.2 examined for mental disorder from PGI. It has also come on record that respondent No.2 received treatment from psychiatrist at PGI and also from Government Medical Hospital, Sector 32, Chandigarh. It is only after receiving the treatment for a considerable long period that the Head of the Department certified about respondent No.2 having remained under his treatment for a fairly long time and that he was fit to rejoin his duties. The Tribunal held that as respondent No.2-petitioner was allowed to rejoin his duties by taking into account that at the time when he submitted his resignation he was of unsound mind, therefore, the orders of rejoining are absolutely valid. Counsel for the petitioner has argued that once the resignation letter was accepted, then respondent No.2 could not have been allowed to rejoin. However, the counsel does not dispute the fact that respondent No.2 was of unsound mind at the time when he submitted his resignation. We have heard counsel for the parties at length and are of the considered opinion that once respondent No.2 was allowed to rejoin his duties then the passing of the order dated 24.7.2002, withdrawing the earlier order in favour of respondent No.2, was in violation of the principle of natural justice. At the time when the resignation was submitted by CWP No.9790-CAT of 2004 -4- respondent No.2, he was of unsound mind and hence the resignation was declared to be null and void. Respondent No.2 was going through the bad phase of his life and was not mentally sound and therefore, the Authorities permitted him to rejoin his duties. Moreover, once respondent No.2 had been allowed to rejoin his duties, therefore, no orders adverse to his interest could have been passed without affording him an opportunity of having heard. We find no infirmity in the impugned order passed by the Tribunal and accordingly, the writ petition is dismissed. (ASHUTOSH MOHUNTA) JUDGE April 21, 2009 (NIRMALJIT KAUR) Gulati JUDGE