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2002 Supreme(Del) 939

High Court Of Delhi
CORPORAL VIJAY KUMAR - Appellant
Versus
UNION OF INDIA - Respondent
Decided On : 07/18/2002

The court cannot act as an appellate court and substitute its opinion for that of the administrative authority in medical discharge cases.

Headnote:

Discharge - Medical Disability - Air Force Act, 1950, Section 9 - Air Force Regulations, para 621 - Indian Air Force (Discharge) Rules, 1975 - Summary: The court discussed the petitioner's discharge from the Air Force on medical grounds and the opinions of multiple medical boards regarding his psychological condition. The court upheld the discharge based on the expert opinions and the petitioner's history of psychiatric illness.

Fact of the Case:

The petitioner challenges his discharge from the Air Force on medical grounds, alleging arbitrary discharge and seeking compensation and damages.

Finding of the Court:

The court upheld the discharge based on the opinions of medical boards that the petitioner was suffering from affective psychosis hypomania and bipolar disorder, rendering him unfit for further service.

Issues: Discharge on medical grounds, validity of medical board opinions, alleged harassment and ill-treatment by respondents 3 to 6.

Ratio Decidendi: The court cannot substitute its opinion for that of the administrative authority in medical discharge cases. The opinions of the medical boards, supported by the petitioner's history of psychiatric illness, justified the discharge.

Final Decision: The writ petition was dismissed, upholding the petitioner's discharge from military service.

ANIL DEV SINGH

( 1 ) BY this writ petition the petitioner inter alia challenges the order of his discharge from Air Force on account of medical disability.

( 2 ) THE petitioner joined Indian Air Force on 27th May, 1986 as Technical Trade Airman. Some time in the year 1991, he was promoted to the rank of Corporal w. e. f. 27th May, 1991. On 3rd January, 1992 he was transferred to 24 Wing, Air force, also known as Tettra School Air Force.

( 3 ) IN January 1992-93, the petitioner made certain allegations and grievances against his Commanding Officer. Thereafter he submitted an application for redressal of grievance (ROG) against his Commanding Officer. This was followed by several ROGs during the year 1992-93. The allegation of the petitioner has been that he was ill-treated and harassed by his Commanding Officer. His belongings, including his books and papers were stealthily removed. According to the petitioner there was a delay in forwarding the ROGs by the Commanding Officer, Group Captain p. P. S. Kehlon. It was only subsequently in the absence of the commanding Officer, that the Officiating Commanding Officer, v. K. Chopra forwarded the ROGs but they were declared to be invalid. On 8th June, 1993, the petitioner sought interview with a visiting VIP under the provisions of sub para 9 of para 621 of the Air Force Regulations. However the application seeking interview was allegedly suppressed. It is also the case of the petitioner that during a hot summer month he was ordered to work at tarmac. He was harassed and was not made to work on MIGs though he was specifically trained for the Job. He was in fact removed to Ground equipment Section (GES) where junior persons were being employed. In July 1992-93 he was posted to yet another unit. Even a court of inquiry was ordered against him. The petitioner was given movement order and directed to report to 11 BRD Air Force, Nasik, on posting. According to him all this led to stress and strain and emotional shock which affected him physically.

( 4 ) IT is also alleged that he remained in hospital in his home town in the state of Kerala for treatment, for a period of three months until October, 1993, for Jaundice and insomnia. The petitioner was declared as a deserter though he remained confined in the hospital for his treatment. He was even arrested, handcuffed and paraded through the streets of his home town by the respondents despite the fact that he was bed ridden due to sickness.

( 5 ) ON 29th October, 1993, he joined 11 BRD Air Force, nasik after recovering from jaundice. Subsequently his absence was recorded as absence without leave . Some time in December, 1993, the petitioner moved an application for interview with the Commanding Officer 11 BRD but the application was allegedly suppressed. According to the petitioner since he was not able to ventilate his grievances and due to his helplessness and bitter experience with the organisation he attempted suicide on 28th February, 1994. He was laid up for three days in MHD and was subsequently transferred to INHS, Asvini, a naval hospital in Bombay where he was referred to a psychiatrist for opinion and remained in the hospital for two months.

( 6 ) ON 28th April, 1994, a medical board constituted by inhs, Bombay, lowered his medical category to bee temporarily for six months for the purposes of psychiatric observation. On May 5, 1994, the petitioner gave a reminder to the Air Officer Commanding, Air Force, Ojhar District, nasik, with the request that his ROGs be forwarded to higher authorities as he was not satisfied with their disposal. On august 4, 1994, the petitioner again sought an interview with the Officer Commanding, 11 BRD, Air Force, but the interview was not granted. On September 4, 1994, in connection with rogs, the petitioner again requested for an interview with aoc-in-C during latter s proposed visit to the Air Force station.

( 7 ) IT appears that the petitioner s mother moved an application to the Defence Secretary,














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