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.K. Bedi, a post ordinarily held by a Major or Captain. Though there was no specific order reducing the appellant in rank from Acting Lt. Colonel to that of Major, he was treated as Major. On Dec. 10, 1976, appellants classification was upgraded to Shape II and on a second medical review on Sept. 2, 1977 to Shape I. His authorities, however, decided the appellant to be subjected to Special Review before restoration of the rank of Acting Lt. Colonel and on Oct. 31, 1977, required the Brigadier Commander to initiate a special report and submit it to the Headquarters. The Brigade Commander recorded appreciation of the appellants work and recommended his promotion as Lt. Colonel. Yet, the Army Headquarters by letters dated Oct. 12 and Nov. 27, 1978, directed the appellant to be sent to the Military Hospital at Pune for further examination by the psychiatry consultant. It was indicated by way of justification for such requirement that when the appellant was graded as Shape I, an earlier incident of 1963 had been overlooked. On such examination the appellant was permanently downgraded as Shape II.

3. The appellant filed an application under Art. 32 being Writ Petn. No. 5302 of 1980 challenging these actions and his downgrading. A two-Judge Bench of this Court by judgment dated Aug. 10, 1983 allowed the same. This Court stated (at p 1123 of AIR) :

"According to the petitioner, this was done entirely without any basis and that even the clinical reports would reveal that the petitioner was perfectly fit. We do not desire to go into these claims of the petitioner since we are satisfied on the material placed before us that even the very reduction of the petitioners rank in 1976 from Acting Lieutenant Colonel to Major was bad.

Shri Abdul Khader, learned counsel for the respondents explained to us that the petitioner had been reverted from the rank of Acting Lieutenant Colonel to Major for three reasons :-

(i) Reduction in rank had to follow as a matter of course on placement of the petitioner in a lower medical category;

(ii) After the latest medical examination in 1978, he was not eligible to be considered for promotion for one year; his earlier reduction in rank was, therefore, justified; and

(iii) He performed no duty for six months from March 22, 1976 when he was admitted in the hospital and under the rules, he stood automatically reduced in rank".

This Court examined all the three points and ultimately ended by saying (at p 1124 of AIR) :

"As stated by us earlier, we find no substance in any one of the reasons mentioned by Shri Abdul Khader on behalf of the respondents for the reversion of the petitioner from the rank of Acting Lieutenant Colonel to Major. The reversion or reduction in rank cannot be justified and it is accordingly quashed. The petitioner is direc