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2025 DAILYLAW 153964 (ALL)

RISHABH VARSHNEY v. U.O.I. THRU. SECY. MINISTRY OF FINANCE DEPTT. OF FINANCIAL SERVICES NEW DELHI AND 9 OTHERS

WRIC/7229/2025 · 2025-07-31

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44277-DB Court No. - 2 Case :- WRIT - C No. - 7229 of 2025 Petitioner :- Rishabh Varshney Respondent :- U.O.I. Thru. Secy. Ministry Of Finance Deptt. Of Financial Services New Delhi And 9 Others Counsel for Petitioner :- In Person Counsel for Respondent :- A.S.G.I.,C.S.C.,Kapish Srivastava Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Supplementary affidavit by the petitioner and Vakalatnama by Shri Manish Mishra, Advocate on behalf of Union Bank of India filed today are taken on record. 2. We have heard Mr. Rishabh Varshney, the petitioner who appears in person, Mr. S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Mr. Varun Pandey, learned Counsel for the opposite party Nos.1, 3 and 4. Ms. Akansha Dubey, learned Additional Chief Standing Counsel for the State and Mr. Manish Mishra, learned Counsel for the Union Bank of India and have perused the pleadings made in the writ petition carefully. 3. There are certificates of Chief Medical Officer, Lucknow which are on record, according to which, the petitioner is said to be suffering from F.28 c with OC symptoms. Obsessive Compulsive (Pychosis) IDBAS=11. According to the certificate dated 13.01.2020, the condition of the petitioner is not likely to improve, however, the petitioner says that this is a clerical error in the certificate. If it is so, then the petitioner can move an application before the Chief Medical Officer, Lucknow, who has not been arrayed as an opposite party in this writ petition. Nevertheless, if such application is filed same can be looked into and after examination of the petitioner, it can be ascertained as to whether the contents of the said certificate are correct or not. We find that there are other medical prescriptions on record which are being prescribed to the petitioner for the purposes of some Anti-Anxiety and Anti-depressant as informed by the petitioner himself. The writ petition contains general allegations allegations as to some ill-treatment and harassment meted out to him such as in paragraph No.8, 16, 17 and 18 without giving any details as to when and how this happened. Nevertheless, without expressing any opinion on the grievance of the petitioner, we are of the opinion, if there is any such cause then there is a provision in Section 7 of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as "Act, 2016") to approach the Executive Magistrate concerned as the petitioner, in view of the certificates on record, is suffering from disability which he claims to be covered by the Act, 2016. We have pondered over the matter and considering the lack of sufficient pleadings and material before us, we do not find it a case where we should consider grant of relief Nos.1 to 6 in the facts of this case, however, the petitioner, if he has cause, can make suggestions to the opposite parties in the light of the relief prayed for. 4. Counsel for the Bank says that a resignation has been submitted by the petitioner as stated in the writ petition but was rejected as his work was found satisfactory and up to the mark. He has invited our attention to page No.38 of the writ petition dated 29.01.2025. We found that during course of the proceedings, the petitioner repeatedly kept on saying that the entire society called him a fraud etc., and made other remarks against him behind his back. We do not express any opinion in this regard except to say that the petitioner may require some medical attention and treatment. The Bank authorities may see as to how far, this can be facilitated at their end unless there are family members who can take care of the petitioner. The Bank authorities may inform the family members of the petitioner in this regard, if possible. 5. We have also gone through the supplementary affidavit filed by the petitioner. It is on the same lines as the averments made in the writ petition. 6. We, dispose of this writ petition in the aforesaid terms. 7. If the petitioner applies for a certified copy of this order, he may be provided the same free of cost. 8. Ms. Akansha Dubey, learned Additional Chief Standing Counsel for the State shall communicate this order to Chief Medical Officer, Lucknow to facilitate compliance, if the occasion so arises. (Manish Kumar, J.) (Rajan Roy, J.) Order Date :- 31.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench