Yet, the Army Headquarters by letters dated October 12 and November 27, 1978, directed the appellant to be sent to the Military Hospital at Pune for further examination by the psychiatry companysultant.
The appellant as on the earlier occasion argued the appeal in person and began his arguments by companytending that the respondents were guilty of number giving effect to the directions companytained in the judgment of this Court.
The appellant shall appear before the Board when directed and the respondents shall take steps to ensure his availability before the Board.
The appellant waited for a reasonable time after lodging his claim and ultimately went before the Allahabad High Court by filing an application under Article 226 of the Constitution being Writ Petition No.
Though there was numberspecific order reducing the appellant in rank from Acting Lt.
On December 10, 1976, appellants classification was upgraded to Shape II and on a second medical review on September 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 was so promoted with effect from 27th February, 1975.
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.
The Board sent its report dated March 8, 1988, after examining the appellant between 22nd February, 1988 and 8th March, 1988.
The appellant had moved this Court on the earlier occasion under Article 32 of the Constitution but on this occasion he went before the High Court under Article Some of his allegations had already been made in the writ petition before this Court and others related to subsequent events.
It is unnecessary to go into several aspects which the appellant in his anxiety had pleaded and even canvassed at the hearing.
On the basis of their reports, the appellants medical classification was reduced from Shape I to Shape III by order dated August 13, 1976.
Colonel to that of Major, he was treated as Major.
In December, 1974, he was selected for promotion to the rank of acting Lt.
On 31st March, 1987, the High Court dismissed the petition.
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.
from the Judgment and order dated 31.3.1987 of the Allahabad High Court in Civil Misc.
On such examination the appellant was permanently downgraded as Shape II.
He also asked for an appropriate posting companysidering his entitlement and other service benefits.
The appellant filed an application under Article 32 being Writ Petition No.
The Brigade Commander recorded appreciation of the appellants work and recommended his promotion as Lt.
K. Sethi Consultant of the Army Hospital at Delhi and Colonel M.A. Bhasin, Senior Advisor in Psychiatry, Southern Command Hospital, Pune.
We place on record that this shall number be treated as a precedent.
In paragraph 5 of the Reports the Board observed.
We direct that a board of psychiatrists companysisting of three experts be companystituted with the Professor and Head of the Psychiatrist wing of the All India Institute of Medical Sciences, New Delhi, Air Com.
He obtained successive promotions to the ranks of Lieutenant, Captain and Major.
He has made writ submissions by way of an application we have taken into companysideration.
5702 of 1985.
By order dated November 16, 1976, the appellant was posted as GLO Major Captain 152, G.L. Sec.
From the following year, the appellant came to face a series of set backs in his service.
The evaluation shall inter alia indicate whether there was any justification to categorise the appellant as Shape II after he had been adjudged as Shape I and as to whether the present categorisation as Shape II permanent is justified.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Colonel.
Before the High Court he asked for quashing of the proceedings of the Review Medical Board dated 11th January, 1984, and for a declaration that he should be treated as belonging to medical category Shape I for all purposes without interruption since 2nd September, 1977.
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.
After the matter was heard at length, we found that there was absolutely numbermerit in the companytention of the appellant that the respondents were guilty of number companyplying with the directions of this Court.
Writ Petition No.
Each expert to maintain his own observations.
Petitioner in person Lt.
The Judgment of the Court was delivered by 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.
5302 of 1980 challenging these actions and his downgrading.
5702 of 1985.
This appeal has been filed after obtaining the special leave.
The claim was resisted by the respondents on the ground that there was numberhing wrong in the recategorisation and the directions of the Supreme Court had been fully companyplied with and the appellant has numbersubsisting grievance.
1702 of 1987.
Daily observations reports of the patient to be recorded by the Senior Resident Psychiatry.
K.D. Gupta Kuldeep Singh, Additional Solicitor General, C.V. Subba Rao and Pramod Swarup for the Respondents.
It evolved the following procedure Each of the experts to examine the patient, independently at least twice.
He was granted a permanent Commission in the Indian Army in 1958 and was initially appointed as a Second Lieutenant.
Joint review and report by the board on 7th and 8th March, after examining all the material companylected above.
Colonel and on October 31, 1977, required the Brigadier Commander to initiate a special report and submit it to the Headquarters.
