Judgment

RANGANATH MISRA, J. : - This appeal is by special leave and is directed against the judgment of the Allahabad High Court dismissing the writ application of the appellant. He was granted a permanent Commission in the Indian Army in 1958 and was initially appointed as a Second Lieutenant. He obtained successive promotions to the ranks of Lieutenant, Captain and Major. In Dec. 1974, he was selected for promotion to the rank of acting. Lt. Colonel and was so promoted with effect from 27th Feb. 1975.

2. From the following year, the appellant came to face a series of setbacks in his service. On March 22, 1976, his Brigade Commander directed the appellant to report to the Officer Commanding, Military Hospital, Kirkee for his psychiatric examination. He was examined by Lt. Colonel Mukherjee, specialist in psychiatry on 23rd March, 1976 and by Surgeon Commodore Dnetto, Psychiatry Consultant to the Indian Navy on the 26th March, 1976. On the basis of their reports, the appellants medical classification was reduced from Shape I to Shape III by order dated August 13, 1976. By order dated Nov. 16, 1976, the appellant was posted as GLO (Major/Captain) 152, G. L. Sec. Type C vice Captain I