Neutral Citation No. - 2025:AHC:46304 Court No. - 5 Case :- WRIT - A No. - 19330 of 2024 Petitioner :- Manohar Singh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Abhishek Singh Counsel for Respondent :- Abhishek Srivastava,C.S.C.,Manu Ghildyal Hon'ble Ajay Bhanot,J. Shri N.I.Khan, learned Senior Counsel assisted by Shri Abhishek Singh, learned counsel appear for the petitioner. Shri Manu Ghildyal, learned counsel appears for the respondents No.3, 4 and 5 and Shri Abhishek Srivastava, learned counsel assisted by Ms. Kritika Sinha, learned counsel appears for the respondent No.2. The Medical Report sent by the Board of Doctors of the Institute of Mental Health and Hospital, Agra opines as under: "Conclusion- On the basis of history provided by the family members, reports of neurological Investigations provided and mental Status examinatión conducted by the undersigned, the index case was found to be suffering from Organic Brain disfunction secondary to Brain Stroke resulting in Aphasia, Motor Incoordination and impaired higher mental functions but no active psychiatric Symptoms. Considering the above mentioned finding on neurological Investigation provided and MSE done, the petitioner may not be able to comprehend and communicate properly even with the assistance of a Communicator. However, opinion of a neurologist may be suitably taken as the current Impairment in the petitioner is secondary to chronic neurological insults. The above findings are for your kind consideration and necessary action." In view of the above medical report submitted by the Board of Doctors of the Institute of Mental Health and Hospital, Agra, this Court finds that the regular and fair departmental enquiry against the petitioner is not feasible. Consequently, the petitioner is entitled to voluntary retirement scheme (VRS). This Court also holds that the claim for VRS has to be processed without being influenced by any of the charges of misconduct against the petitioner. There is no possibility of the aforesaid charges being established in the departmental enquiry as per applicable standards of the evidence. The claim of the petitioner is accordingly allowed. The respondents-authorities shall disburse the amount within a period of one month from the date of receipt of a certified copy of this order. The writ petition is allowed to the extent indicated above. Order Date :- 3.4.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad