New Delhi (PTI): An ITBP personnel, who lost his job almost eight years ago after he was found "chronically alcoholic", has got a relief from the Delhi High Court, which directed the department to reinstate him.
Setting aside the dismissal order by the Indo-Tibetan Border Police (ITBP) against Mukesh Chand Bhat for consuming alcohol and remaining absent from duty in the camp in Jammu and Kashmir, a Division Bench of Justice A K Sikri and Justice J M Malik said that the order "was uncalled for."
Although it accepted the report of medical board which said that Bhat was suffering from "Chronic Alcohol Dependence Syndrome", the Bench said "documents found de-addiction was not given to him (Bhat)".
Bhat, who was undergoing treatment at the unit where he was posted in Jammu and Kashmir, should have been sent to specialised de-addiction centre, the bench observed.
"Bhat was a patient of alcoholic syndrome and for whom taking alcohol was irresistible desire," the Bench noted.
"Instead of adopting humane approach and trying to treat petitioner properly by sending him to PGI or any other well-known hospital, it is adding insult to the injury by charging him for offence," the Court also said.
In July 2000, Bhat, posted in Pathan Chowk in Srinagar, was dismissed from job following an enquiry which found that he was a chronic alcoholic and invariably remained absent from his duty in the camp.
THE HINDU; Sunday, March 23, 2008
About Me

- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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Email: adv.kamal.kr.pandey@gmail.com
Email: adv.kamal.kr.pandey@gmail.com

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