IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 OP.No. 6119 of 2002(C) ---------------------- PETITIONER(S): --------------- RAMAKRISHNAN EZHUTHACHAN,KIZHAKKEPATTA HOUSE,KURUMALA P.O.,CHELAKARA,THRISSUR DISTRICT. BY ADV. SRI.SHAJI THOMAS PORKKATTIL RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF ASSAM RIFLES, ASSAM RIFLES HEAD QUARTERS,SHILLONG-793 001 2. COMMANDANT,23 ASSAM RIFLES,99,APO ADV. SRI.P.S.SREEDHARAN PILLAI, SCGSC FOR R1,2 SRI.JOHN VARGHESE, SCGSC FOR R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 6119/2002. ------------------------------------------------------------- EXT.P1 TRUE COPY OF COMMUNICATION DT. 22-10-1999. EXT.P2 MEDICAL CERTIFICATE DT. 19-11-2001. EXT.P3 SERIES COPIES OF MEDICAL PRESCRIPTIONS. RESPONDENTS' EXHIBITS: --------------------------------------- EXT.R1(a) RECEIPT DT. 11-5-1999. EXT.R1(b) RECEIPT DT. 11-5-1999. EXT.R1(c) SMMARY OF COURT MARTIAL UNDER THE ARMY ACT. EXT.R1(d) MEDICAL CERTIFICATE DT. 14-5-1999. EXT.R1(e) SUMMARY OF EVIDENCE DT. 4-5-1999. EXT.R1(f) LETTER DT. 14-5-1999. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 6119 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st January, 2009. J U D G M E N T Petitioner is the father of a Rifleman in the Assam Rifles . On 14th May, 1999, petitioner's son was tried by summary court martial proceedings for offences of absenting himself without leave and using insubordinate language to his superior officer and was awarded the punishment of dismissal from service. The petitioner wrote to the Director General of Assam Rifles in respect of the same and he was informed by Ext. P1 that his son was dismissed from service as per orders on summary court martial. The petitioner challenges Ext. P1 on the ground that at the relevant time when his son was alleged to have misbehaved, he was suffering from schizophrenia and therefore he was not responsible for his acts while he was not his normal self. Petitioner relies on Ext. P3 series of medical certificates to prove that at the relevant time, petitioner's son was suffering from schizophrenia. The petitioner therefore seeks the following reliefs: “i) Issue a writ of certiorari or any other order or direction quashing the dismissal order passed by the respondents on 14.5.99 as stated in Ext. P1 communication; ii) a writ of mandamus or any other writ, order or direction commanding the respondents to disburse all pensionary benefits due to the petitioner's son treating him as a person discharged from service on account of his illness attributable to and aggravated boy military service.” 2. I have heard the learned Assistant Solicitor General also, who appears for the respondents. 3. I am of opinion that despite sympathy the petitioner and his son deserve, this Court is helpless in the matter since the court martial proceedings in which the petitioner's son was found guilty is not in question before me. What the petitioner challenges is only Ext. O.P. No. 6119/2002 -: 2 :- P1 communication issued to the petitioner informing him that petitioner's son was awarded punishment of dismissal from service consequent to summary court martial proceedings . Without the petitioner taking appropriate steps to invalidate the court martial proceedings themselves, I do not think that this Court can grant the prayers of the petitioner. In the above circumstances, I do not find any merit in the original petition and accordingly the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/