Colonel.
This appeal has been filed after obtaining the special leave.
Resident and the Psychologist.
5302 of 1980 challenging these actions and his downgrading.
Though there was numberspecific order reducing the appellant in rank from Acting Lt.
On the basis of their reports, the appellants medical classification was reduced from Shape I to Shape Ill by order dated August 13, 1976.
He obtained successive promotions to the ranks of Lieutenant, Captain and Major.
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 Board shall peruse all the records relevant for the purpose of making psychiatric evaluation of the appellant and the respondents shall produce all such records as may be necessary and required for such purpose by the Board including the relevant instructions of the Defence Department in the matter of such assessment.
This was initially opposed by learned Additional Solicitor General by companytending that it would be against the discipline of the Defence Department and would create in unwholesome precedent.
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.
He was granted a permanent Commission in the Indian Army in 1958 and was initially appointed as a Second Lieutenant.
K. Sethi Consultant of the Army Hospital at Delhi and Colonel M.A. Bhasin, Senior Advisor in Psychiatry, Southern Command Hospital, Pune.
He was examined by Lt.
By order dated November 16, 1976, the appellant was posted as GLO Major Captain 152, G.L. Section Type C Vice Captain I.K. Bedi, a post ordinarily held by a Major or Captain.
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.
Colonel and was so promoted with effect from 27th February, 1975.
From the following year, the appellant came to face a series of set backs in his service.
Review of the unit reports after current examination.
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.
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.
On such examination the appellant was permanently downgraded as Shape II.
Colonel and on October 31, 1977, required the Brigadier Commander to initiate a special report and submit it to the HeadquarteRs.
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.
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.
The Board shall meet at Delhi at such place, date and time as may be fixed by the companyvenor in companysultation with the two other membeRs.
We place on record that this shall number be treated as a precedent.
Psychometeric evaluation Perusal of old records of hospitalisation by the three companysultants, after the current examination.
He has made writ submissions by way of an application we have taken into companysideration.
During September 1977, when he was recommended to be upgraded to medical category S I Lt.
We adjourned the matter and gave him the opportunity to take instructions from Government and we are happy to numbere that on the basis of instructions, he has agreed as a special case, to the Constitution of such a board of psychiatrists.
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.
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.
Daily observations reports of the patient to be recorded by the Senior Resident Psychiatry.
In December, 1974, he was selected for promotion to the rank of acting Lt.
The Board sent its report dated March 8, 1988, after examining the appellant between 22nd February, 1988 and 8th March, 1988.
In paragraph 5 of the Reports the Board observed.
Each expert to maintain his own observations.
The Brigade Commander recorded appreciation of the appellants work and recommended his promotion as Lt.
5702 of 1985.
The Head of the Department of the All India Institute of Medical Sciences, as referred to above, shall act as the companyvener and chairman of the Board.
On March 22, 1976, his Brigade Commander directed the appellant to report to the Officer Commanding, Military Hospital, Kirkee for his psychiatric examination.
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.
K.D. Gupta was a symptomatic as per the medical histories examined by the board.
The report should be made available to this Court within six weeks from today.
Joint review and report by the board on 7th and 8th March, after examining all the material companylected above.
The appellant filed an application under Article 32 being Writ Petition No.
On 31st March, 1987, the High Court dismissed the petition.
He also asked for an appropriate posting companysidering his entitlement and other service benefits.
The expenses including payment, if any, necessary to be made to any of the experts shall be borne by respondent No.
Maintenance of companyfidentiality of observation by the experts, Sr.
The appellant shall appear before the Board when directed and the respondents shall take steps to ensure his availability before the Board.
Colonel to that of Major, he was treated as Major.
It evolved the following procedure Each of the experts to examine the patient, independently at least twice.
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.
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.
