THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR W.A.No.854 of 2005 JUDGMENT: (Per GM,J) This writ appeal is directed against the order dated 15-2-2005 passed in W.P.No.1488 of 2003 whereby and whereunder the writ petition filed by the petitioner seeking to declare the action of the third respondent in not giving a notice before discharging him from the duties vide proceedings dated 18-10-2002 as arbitrary and illegal, was dismissed. The brief facts of the case are that the petitioner was appointed as Constable (GD) vide proceedings dated 13-07-1993. While working in the office of the 63 Battalion, CRPF, Hanmakonda, Warangal District, he was admitted in MGM Hospital, Warangal and that he was subsequently shifted and admitted in CRPF Base/Group Hospital, Chandrayanagutta, Hyderabad on 1-2-2002 and discharged on 14-3-2002 and that he was diagnosed as he was suffering from Schizophrenia unspecified and that the doctors advised that he may perform sedentary duties till he is invalidated. Subsequently, he was referred to Chief Medical Officer, B.H.II CRPF, Hyderabad for review. There was no intimation forthcoming from the said Medical Officer. Subsequently, he was sent to Ambala along with Battalion and discharging his duties. However, a notice dated 12-9-2002 was served on him giving him one month time for submission of any representation on the opinion of the Medical Board, which in turn stated that the petitioner was unfit to perform the duties in CRPF and therefore, he should be boarded out of service. Thereafter, the third respondent vide proceedings dated 18-10- 2002 discharged the petitioner from service on the ground of medical invalidation. The grievance of the petitioner is that he is amply fit to discharge the sedentary duties and his entitlement under the Persons with Disabilities (equal opportunities, protection of rights and full participation) Act, 1995 (for short ‘the Act’) has not been considered. Hence, the writ petition. Respondents filed counter-affidavit wherein it is stated that the petitioner is a patient of chronic psychiatric illness and he has been under treatment from 28-04-1995 at Base Hospital-1, CRPF, New Delhi and there was no improvement. The Chief Medical Officer concerned diagnosed him as a case of Schizophrenia with acute exacerbations in between with minimal residual deficit during which he was unable to perform duties. Having regard to the same, the Psychiatrist, as per the opinion given on 4-5-2002, found that the petitioner is unfit in CRPF as Combatant and he should be taken up for medical invalidation. Therefore, a Medical Board was constituted as per the proceedings dated 12- 08-2002, 19-08-2002 and 22-08-2002, which after expiry, recommended for invalidation of petitioner from service by declaring him to be unfit for service in CRPF as Combatant. Basing on which, a notice was issued to the petitioner along with the extract of Medical Opinion dated 12-09-2002 and that the impugned orders were passed invalidating the petitioner from service on 18-10-2002. Further, provisions of the Act are not applicable in view of the Notification No.16-39/2002-WL, issued by the Ministry of Social Welfare and Empowerment, Government of India, published in Extraordinary Gazette of India Part II Section 8 of sub-section (ii) dated 10-09-2002, exempting all categories of posts of Combatant personnel of Central Paramilitary Forces including CRPF from the application of the said provisions. In view of the same, the petitioner cannot seek any benefit there under. Hence, the writ petition is liable to be dismissed. After analyzing the material available on record, the learned Single Judge came to the conclusion that the provisions of the Act have no application nor can come to the aid of the petitioner in any manner and that the impugned orders of discharging the petitioner from duties are not vitiated, dismissed the writ petition. Challenging the same, the present writ appeal has been preferred by the petitioner-appellant. There is no dispute with regard to the fact the appellant is suffering from Schizophrenia. It is also not in dispute that the Medical Board declared the appellant unfit for duties. The only plea of the appellant is that he may be given sedentary duty or an alternative posting of lesser cadre. But, the request of the petitioner cannot be acceded to having regard to the fact that the very force is a Combatant force and no post as such can be said to be available in it. The findings as arrived at by the learned Single Judge need no interference. In the result, the writ appeal is dismissed. _________________________ GHULAM MOHAMMED,J __________________ SANJAY KUMAR,J rkk Dated: 11-10-2011