Page No.# 1/12 GAHC010095222021 2026:GAU-AS:13422 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3721/2021 PARAMANANDA NATH EX CONSTABLE GENERAL DUTY (FORCE NO. 041713054) S/O LATE KUSHAL CH. NATH, R/O VILL. BAREGAON, P.O. SORBHOG, DIST. BARPETA, ASSAM, PIN 761317 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECY., MINISTRY OF HOME AFFAIRS, NEW DELHI 110003 2:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE CENTRAL GOVT. OFFICE COMPLEX NEW DELHI 110001 3:THE SPECIAL DIRECTOR GENERAL NORTH EAST ZONE CENTRAL RESERVE POLICE FORCE GROUP CENTRE GUWAHATI AMERIGOG GUWAHATI PIN 781023 4:THE INSPECTOR GENERAL OF POLICE NORTH EASTERN SECTOR CENTRAL RESERVE POLICE FORCE SHILLONG MEGHALAYA PIN 793001 Page No.# 2/12 5:THE DEPUTY INSPECTOR GENERAL OF POLICE GROUP CENTRE CENTRAL RESERVE POLICE FORCE KHATKHATI KARBI ANGLONG PIN 782480 6:THE COMMANDANT 196 BATTALION CENTRAL RESERVE POLICE FORCE MAHADEV GHATI BIJAPUR CHATTISGARH PIN 49444 7:THE COMMANDANT 85 BATTALION CENTRAL RESERVE POLICE FORCE BIJAPUR CHHATTISGARH PIN 4944 Advocate for the Petitioner : MR. R MAZUMDAR, MS. D. DEVI,MS. P TALUKDAR,MS CHITRALEKHA DAS,MR. K R PATGIRI,MR H BEZBARUA,MRS P RAI Advocate for the Respondent : ASSTT.S.G.I., MR. A K DUTTA BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 09/09/2026 Heard Mr. K R Patgiri, learned counsel for the petitioner and Mr. A K Dutta, learned CGC, appearing for the respondents. 2. The petitioner by way of instituting the present writ petition has presented Page No.# 3/12 a challenge to an order dated 11.03.2021, issued by the Commandant 85th Battalion, CRPF, invalidating the petitioner out from service, on medical grounds, w.e.f. 12.03.2021, with all consequential benefits, including invalidation pension. 3. The facts in brief requisite for the purpose of adjudicating the present writ petition, as can be culled out from the materials coming on record, is noticed as under. The petitioner, herein, while serving with the 10th Battalion of the Central Reserve Police Force as a Constable (General Duty), was diagnosed to be suffering from Alcohol Dependency Syndrome (ADS) in the year 2012. The petitioner, accordingly, was being provided with the requisite treatment by the Force authorities. In connection with his treatment, the petitioner was admitted to the CRPF Composite Hospital, Bantalab Jammu on 22.10.2013 and on his condition improving, was discharged from the said hospital on 07.11.2013. The medical condition of the petitioner on his discharge from the hospital, was classified as S 2(T-24) and he was required to be assigned duty without firearms for 6 (six) months. The petitioner was again admitted in the said hospital as an indoor patient, wherein, he was diagnosed to be suffering from Severe Depressive Episode. The petitioner was discharged from the said hospital on 12.07.2014. The petitioner, thereafter, again on his posting to Guwahati, was admitted to the Central Reserve Police Force Composite Hospital at Guwahati on 19.09.2017 and the treatment continued till 10.11.2017. The petitioner was provided with treatment for Alcohol Dependency Syndrome. In a behavior report prepared on 28.03.2019, the petitioner was denoted therein, to be a habitual Page No.# 4/12 drinker, but his behavior was also reported to be unsatisfactory. The petitioner having continued with his alcohol intake, on examination was categorized as medical category S-5 (Permanent) in a Review Medical Examination held on 26.04.2019 at the CRPF Composite Hospital, Guwahati. Accordingly, the petitioner was produced before a Special Board of Medical Officers for review of his case on 20.03.2020. The Special Board so constituted, on examining the petitioner, required the authorities to produce the petitioner before a Medical Invalidation Board, after obtaining the necessary approval of the competent authority. Accordingly, a Medical Invalidation Board was convened for examining the case of the petitioner at the CRPF Composite Hospital, Guwahati. The Medical Board, upon examining the petitioner, opined that the petitioner was to be invalidated out from service and he was held to be unfit for continuation in a combatised Force. The Medical Board had also held that the disability suffered by the petitioner to be Zero (0)%. On 09.10.2020, the health condition of the petitioner further deteriorated and accordingly, the petitioner was referred to Fakharuddin Ali Ahmed Medical College & Hospital, Barpeta, for treatment on 09.10.2020. The petitioner was, thereafter, referred to the Gauhati Medical College & Hospital, Guwahati, wherein, the petitioner was diagnosed to be suffering from “Alcoholic Hepatitis with upper Gastro internal bleed in Hepatic encephalopathy”. It is projected in the writ petition that the Commandant 196 Battalion, wherein, the petitioner was then posted, proceeded to issue to the petitioner a Notice dated 06.02.2021. In the said notice, it was highlighted that the petitioner on account of multiple relapses of alcoholism, was required to be admitted to hospital repeatedly. However, the petitioner had not demonstrated Page No.# 5/12 any improvement and he was placed before the Medical Invalidation Board. Accordingly, basing on the opinion of the Medical Invalidation Board, it was required that he be invalidated out from service. The petitioner was, however, given an opportunity to appeal against the opinion rendered by the Medical Invalidation Board, by producing certificate from a Government Doctor, not below the rank of Civil Surgeon, failing which, it was stipulated that he would be invalidated out from service on completion of one month notice period, as per recommendation of the Medical Invalidation Board. The petitioner not having responded to the said Notice dated 06.02.2021, the Commandant 196 Battalion, CRPF, vide order dated 11.03.2021, proceeded to invalidate out the petitioner from service on completion of 1 (one) month period, w.e.f. 12.03.2021. Accordingly, the name of the petitioner was stuck off from the strength of the Unit from the date of invalidation, i.e., 12.03.2021 and the petitioner on such invalidation, was held to be entitled to all service benefits, along with invalidation pension. It is further projected by the petitioner that although, in terms of the Notice dated 06.02.2021, the petitioner had a right to appeal against the opinion of the Medical Board, within a period of 1 (one) month, by producing prima-facie evidence of improvement of his health condition from a Government doctor, who is not below the rank of Civil Surgeon, the petitioner, although, was not in a position to produce such certificate within a period of 1 (one) month, as provided in the Notice dated 06.02.2021, he had subsequently produced the said certificate initially from the Doctor of the Block Primary Health Center, (BPHC), Chenga and subsequently, from the Assistant Professor of Psychiatry, Fakharuddin Ali Ahmed Medical College & Hospital, Barpeta. The said certificates were, however, not taken into consideration by the respondent authorities and Page No.# 6/12 the invalidation of the petitioner out of service on medical grounds was continued to be maintained. Being aggrieved, the petitioner has instituted the present writ petition. 4. Mr. K R Patgiri, learned counsel for the petitioner, by reiterating the facts noticed hereinabove, has submitted that considering the ailments suffered by the petitioner, he was not in a position to promptly respond to the Notice dated 06.02.2021. 4.1 Mr. Patgiri, learned counsel for the petitioner, submits that although, the petitioner at the relevant point of time was under treatment of a Civil Doctor, he had not submitted a certificate from the said Doctor about the improvement of his health condition, although, his health condition had improved within a period of 1 (one) month from the date of issuance of the Notice dated 06.02.2021. 4.2 Mr. Patgiri, learned counsel for the petitioner, by referring to the Medical Certificate issued by the Assistant Professor of Psychiatry, Fakharuddin Ali Ahmed Medical College & Hospital, Barpeta, has submitted that therein, it was opined that the petitioner, on being examined was found to be conscious, oriented and alert and to suffer from no abnormality. Mr. Patgiri, learned counsel for the petitioner, further submits that, therein, it was also recorded that the petitioner was not found to suffer from any psychiatric disorder at that point of time. 4.3 Mr. Patgiri, learned counsel for the petitioner submits that the petitioner’s invalidation from service only being on account of he suffering from Alcohol Dependency Syndrome, the certificate issued by the Doctor of Fakharuddin Ali Ahmed Medical College & Hospital, Barpeta, would go to reveal that the Page No.# 7/12 petitioner was cured of the said issue suffered by him and he was not found to be alcohol dependent, on the date of his inspection, i.e., on 13.04.2021 by the said Doctor. 4.4 Mr. Patgiri, learned counsel for the petitioner, accordingly, submits that in view of the fact that the petitioner had recovered from the Alcohol Dependency Syndrome suffered by him, the petitioner was required to be medically examined by the Force authorities afresh, basing on the said certificate and thereafter, by considering the opinion rendered by the Force Doctors, further retention of the petitioner in his services was to be so considered. 4.5 Mr. Patgiri, learned counsel for the petitioner, submits that the respondent authorities, by adopting a hyper technical approach in the matter, had refused to consider the prayer of the petitioner for a fresh medical examination, after he had recovered from the Alcohol Dependency Syndrome suffered by him earlier. 5. Mr. A K Dutta, learned CGC for the respondents, submits that it is not disputed by the petitioner that he was suffering from Alcohol Dependency Syndrome for which he was provided with all requisite treatment by the Force authorities. Mr. Dutta, further submits that the petitioner has also not disputed that there was a repeated relapse of the Alcohol Dependency Syndrome, in respect of the petitioner on account of his continuous alcohol consumption, although, was barred by the Doctors examining him in the matter, from consuming alcohol. 5.1 Mr. Dutta, learned CGC submits that the Medical Invalidation Board, on finding the petitioner to be placed in Medical Category S-5 (Permanent) and to be unfit for continuance in a combatised Force, proceeded to recommend for his Page No.# 8/12 invalidation out of service on medical grounds and accordingly, the petitioner was issued with a Notice dated 06.02.2021. 5.2 Mr. Dutta, learned CGC submits that in the said notice, an opportunity was extended to the petitioner to prefer an appeal against the opinion of the Medical Invalidation Board, by producing the requisite certificates from a Government Doctor, not below the rank of Civil Surgeon, wherein, the petitioner’s health condition on being so examined by the said Doctor, was to be certified to have improved. 5.3 Mr. Dutta, learned CGC submits that the petitioner had not responded to the said Notice dated 06.02.2021, within the period of 1 (one) month, as provided, therein and accordingly, the respondent authorities had proceeded to issue the order dated 11.03.2021, invalidating the petitioner out from his service. 5.4 Mr. Dutta, learned CGC submits that the petitioner’s health condition is amply reflected from the medical documents brought on record and the repeated treatments provided to him by the force authorities. Mr. Dutta, submits that the ailments suffered by the petitioner were self inflicted and not attributable and/or aggravated by military service. 5.5 Mr. Dutta, learned CGC further submits that on account of the condition the petitioner was found to be in, his further retention in the Force was found to be not feasible and further, the petitioner on account of his health condition, would also not have been able to withstand the stressful environment in the Force. Accordingly, Mr. Dutta, submits that the invalidation of the petitioner out of service on medical grounds with all consequential benefits, including the Page No.# 9/12 invalidation pension, would not mandate an interference from this Court. 6. I have heard the learned counsel for the parties and also perused the materials available on record. 7. The facts noticed, hereinabove, would go to reveal that on the petitioner on being diagnosed to be suffering from Alcohol Dependency Syndrome (ADS), was given due treatment and care by the Force authorities. The petitioner not having reformed and there being a relapse of the Alcohol Dependency Syndrome (ADS), in view of the continuous uses of alcohol by the petitioner, herein, he was placed in Medical Category S-5 (Permanent), after his Review Medical Examination held on 26.04.2019. The petitioner was, thereafter, produced before a Special Board of Medical Officers for review of his case on 20.03.2020. The Special Board so constituted, on review of the petitioner, had again categorized him as S-5 (Permanent). He was also held to be unfit for continuation in his service, in view of he being placed as S-5 (Permanent) category. 8. Thereafter, it is found that the petitioner was placed before the Medical Invalidation Board on 16.09.2020. The Board on considering the medical reports available in the matter and also appreciating the fact that the petitioner was placed in Medical Category S-5 (Permanent) as on 26.04.2019 and was admitted to the Psychiatric Ward Composite Hospital, CRPF, Guwahati, w.e.f. 02.09.2020, proceeded to conclude that the further stay of the petitioner in the Force would be detrimental to the morale of the Force and a burden on his Unit and proceeded to recommend the petitioner to be unfit for service and for his medical invalidation. Accordingly, a Notice dated 06.02.2021, came to be issued to the petitioner, recording therein, the opinion rendered by the Medical Page No.# 10/12 Invalidation Board. It was held that the petitioner would be invalidated from service on completion of notice period of 1 (one) month from the date of issuance of the said Notice dated 06.02.2021. In the said Notice, it was further stipulated that the petitioner had a right to appeal against the opinion of the Medical Invalidation Board, within a period of 1 (one) month, on producing prima-facie evidence of error of judgment in the opinion expressed by the Board. The prima-facie evidence required, was to be produced from a Government Doctor not below the rank of Civil Surgeon and was to contain specific mention that he had taken into consideration the findings of the Medical Invalidation Board, before giving his opinion. In the event of submission of any such opinion, it was further stipulated that the appeal preferred would be considered by the competent authority. 9. It is found from the records that the petitioner had not taken recourse to the liberty as granted to him vide the Notice dated 06.02.2021 and accordingly, vide an Office Order dated 11.03.2021, the Commandant 196 Battalion, CRPF, proceeded to invalidate the petitioner out from service, on completion of 1 (one) month of the notice period, i.e., w.e.f. 12.03.2021. However, it was provided that upon such invalidation from service, the petitioner would be entitled to all benefits, including invalidation pension. 10. After the invalidation of the petitioner from service in terms of the order dated 11.03.2021, the petitioner had produced a Fitness Certificate from the Block Primary Health Center, (BPHC), Chenga. The respondents have contended that the said certificate is not in terms of the provisions holding the field in the matter and was of no consequence. 11. The petitioner in the present writ petition has brought on record a Page No.# 11/12 certificate dated 13.04.2021, issued by the Assistant Professor of Psychiatry, Fakharuddin Ali Ahmed Medical College & Hospital, Barpeta. 12. This Court on perusal of the same, does not find that the Doctor, while issuing the said certificate dated 13.04.2021, had taken into consideration the opinion rendered by the Medical Invalidation Board, in respect of the petitioner on 16.09.2020. Accordingly, the said certificate, in the considered view of this Court, in addition to having been placed on record after the period mandated for the same was over, would also not be mandated to be considered, inasmuch as, the same has not been so issued in accordance with the norms prescribed in this connection. 13. In view of the above discussion, this Court having found that the petitioner, after being detected to be suffering from Alcohol Dependency Syndrome (ADS) and the treatment provided to him, had not reformed himself in the matter and had continued with his alcohol intake regularly, which had led to the categorization of the petitioner as S-5 (Permanent). This Court further finds that the petitioner’s said condition had rendered him unfit for continuation in a combatised Force and accordingly, the decision as arrived at in the matter by the competent authority for invalidating the petitioner out from service basing on the opinion of the Medical Invalidation Board, cannot be held to be erroneous. 14. The petitioner being invalidated out from service, on being diagnosed to be a patient of relapsed Alcohol Dependency Syndrome (ADS), this Court is also of the considered opinion that the Medical Invalidation Board, having held the petitioner to be suffering from Zero (0)% disability, is also not erroneous, inasmuch as, the problem suffered by the petitioner is found to have been self Page No.# 12/12 inflicted and not acquired and/or aggravated on account of his service in the Force. 15. For the reasons assigned hereinabove, this Court finds that the claim made in the present petition by the petitioner would not mandate an acceptance and accordingly, the writ petition is held to be devoid of any merit and consequently, the same stands dismissed. However, there would be no order as to cost. JUDGE Comparing Assistant