ABHIMANYU MOR Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of present writ petition, the petitioner has challenged the decision of the DGAFMS declining to hold Review Medical Board (RMB) against the decision of the Appeal Medical Board (AMB), which has found him unfit for service on account of kidney ailment 'Right Renal Calculus'.

(2.) Learned counsel for the petitioner states that after the decision of the AMB, the petitioner was examined by two super specialty hospital, one of which was Army's own prestigious Base Hospital, Delhi Cantt. and these hospitals did not find any evidence of the ailment found by the AMB.

(3.) Mr.Anurag Ahluwalia, Advocate for the respondents states that the RMB is not a matter of right and as it is presided over by Lieutenant General rank medical officer, the same should be resorted to in very rare cases. He also states that in the present case, stones in the kidney of the petitioner were found in two separate service hospitals' ultra sound reports. He also states that the possibility of the petitioner having undergone surgery for removal of renal stone after the AMB on 4th