MAJOR K D GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Major K. D. Gupta argued his case in person. As usual with parties, who argue their cases themselves, he was so full of his facts and grievances, big and small, that we experienced, for quite a while, difficulty in getting a Picture of the case in its proper frame. The pleadings and documents filed in the case were no more helpful on account of their imperspicuous prolixity. We do not propose to refer to the narrative of facts as contained in the petition or as mentioned to us in the oral submission by the petitioner. We expressly refrain from referring to the several insinuations and personal allegations made by the petitioner against various officers, as we realise that even if some of the allegations and insinuations may have some basis, they cannot be taken serious notice of as there is considerable likelihood of the petitioner having indulged in exaggerated surmises, labouring as he does under a deep sense of grievance. We propose to confine ourselves to a narrative of the facts essential for a proper appreciation and decision of the case.

(2.) The petitioner, K. D. Gupta was granted a permanent commission in the Indian Army in 1958 and was appointed as Second Lieutenant. He was successively promoted as Lieutenant, Captain and Major. In December, 1974, he was selected for promotion to the rank of acting Lieutenant Colonel and he was in fact so promoted with effect from February 27, 1975. On March 22, 1976, the petitioner was directed by the Brigade Commander to report to the Officer Commanding, Military Hospital, Kirkee for psychiatric examination and report. On March 23, 1976, he was examined by Lt. Col. A. Mukherjee, specialist in Psychiatry and on March 26, 1976, he was examined by Surgeon Commodore T. B. D'netto, Consultant (Psychiatry) to the Indian Navy. As a result of the examination by the specialists, his medical classification was downgraded on August 13, 1976 from SHAPE-S1 (fit for all duties) to SHAPES. 3-T. 24 (fit for routine duties under supervision in areas where hospital with psychiatric facilities exist nearby; not fit for duties at high altitudes). By an 'Attachment Order' dated May 14, 1976, he was transferred from 4/3 Gorkha Rifles to Headquarters 54, Infantry Division against the post of Commander NCC Group HQ Bellary in the rank of an acting Lieutenant Colonel. He returned from leave on August 14, 1976 and was attached to HQ 54 Infantry Division till November 16, 1976. By an order dated November 16, 1976, the petitioner who was described in the order as an acting Lieutenant Colonel was posted as "GLO (Maj/Capt) 152, GL Sec Type C vice Cap. I. K. Bedi". Apparently the post to which the petitioner was transferred by the order dated November 16, 1976 was a post which could be held by an officer of the rank of a Major or a Captain and it was in fact at that time held by an officer who was of the rank of a Captain. Though there is no order specifically reducing the rank of the petitioner from that of an Acting Lieutenant Colonel to that of a Major, the posting Order dated November 16, 1976 was treated as such by the Brigadier in charge and all other Army authorities and the petitioner was instructed by the Brigadier not to wear the badges of the rank of Lieutenant Colonel. It is this reduction in rank that is primarily challenged in this Writ Petition. We will however narrate a few more facts to make the story up-to-date. Subsequently, by a special Army Order dated December 10, 1970, the petitioner's medical classification was upgraded to SHAPE-S. 2-T. 24 and thereafter, on a second medical review on September 2, 1977 to SHAPE-S. 1 (fit for all duties). After the upgradation to S.-1. the authorities decided to give the petitioner a 'Special Review' for the grant of the rank of Acting Lieutenant Colonel and by a letter dated October 31, 1977 directed the Brigadier Commander to initiate the special report and submit the same to the Headquarters within 20 days of initiation. It was in this letter that the petitioner was given an inkling for the first time that his reversion from the post of Acting Lieutenant Colonel to Major was on medical grounds. As desired, the Brigadier Commander submitted the special report in which after expressing his appreciation of the work of the petitioner, he recommended him for promotion to Lieutenant Colonel. However, the Army Headquarters, by their letters dated October 12, 1978 and November 27, 1978 directed that the petitioner should be sent to Military Hospital, Pune on sick transfer for examination by Consultant (Psychiatry). The reason suggested for the fresh medical examination was that at the time when the petitioner was upgraded to S.-1 category, an earlier episode of 1963 had not been taken into account. After medical examination, the petitioner was this time permanently downgraded to S.-2. 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 petitioner's rank in 1976 from Acting Lieutenant Colonel to Major was bad.

(3.) 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: