SANJAY BHATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner seeks quashing of the impugned order dated 29th August, 2014 passed by the learned Armed Forces Tribunal (AFT) in O.A. No. 402/2014.

(2.) ARGUING for the petitioner, Ms. Maninder Acharya, learned Senior Advocate submitted that there is a clear bias on part of the Enquiry Officer, which is reflected in the letter dated 11th August, 2014 addressed by the petitioner to Brig Arjun Rawat wherein the petitioner clearly alleged that when he was advised rest (SIQ) by Col Balani, Surgical Specialist, then the DMO, 155 Base Hospital asked the him to produce the Medical Sheet signed by Col Balani and when the same was handed over to her, to the utter shock of the petitioner, the DMO took out a pen and suddenly started crisscrossing the SIQ advice which was made by Col Balani.

(3.) SHE further submits that after these facts were revealed by the DMO to the petitioner, the petitioner called up the Commandant, 155 Base Hospital and asked him as to how he could direct the DMO to cancel and over rule an expert opinion merely on telephone without having himself even seen or physically examined him. In response, the Commandant had said that he had instructions from the Presiding Officer (PO) , Brig. Arjun Rawat of the Court of Inquiry that the petitioner was not to be advised and allowed any SIQ under any circumstances.