Delhi High Court orders reinstatement of SSB constable dismissed for suicide attempt amid depression

New Delhi: The Delhi High Court has recently directed the reinstatement of Vasudev Panchal, a Sashastra Seema Bal (SSB) constable dismissed from service after attempting suicide while suffering from depression.

The division bench, consisting of Justices Sanjeev Sachdeva and Manoj Jain, criticised the SSB authorities for treating mental illness as "bad conduct" and for their lack of empathy towards Panchal's condition.

The court noted the undue harshness of sentencing Panchal to 89 days of Rigorous Imprisonment, especially since he was already under psychiatric treatment.

The judge noted the immense stress and strain faced by defence force members, which can lead to severe mental health issues when compounded by personal problems.

Panchal's dismissal on October 17, 2018, followed by the rejection of his appeals, was deemed "highly disproportionate" to his alleged misconduct.

The court pointed out Panchal's continued suffering over the five years since his dismissal, deciding against remitting the matter for reconsideration of the punishment.

“Normally, while holding the punishment disproportionate, this court would have remitted the matter to the authority to pass an appropriate order of punishment, however in the present case, we are not following the said course as we are of the view that the petitioner has been out of service for over five years and has already suffered enough," the court said.

The court set aside the dismissal and directed to reinstate Panchal with all consequential benefits immediately.