PRAJESH BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner at the time during the period 1996-98 was a senior Supervisor posted to 16 Squadron. In the instant writ application, petitioner questioned the order of termination being Annexure P-19 dated 11th April, 2000 and for reinstatement of the petitioner in service and prayed for reliefs inter alia as under :

(2.) On or about 2nd/3rd Aug., 1999, AFMSF-10 (Air Force Medical Service Form-10) was raised by AOC, Air Commander K.S. Chinnah recommending psychiatric examination of the petitioner. For the said psychiatric evaluation, petitioner was admitted to psychiatric ward of the Command Hospital, Chandimandir at Chandigarh. The treatment continued from 3rd Aug., 1999 to 18th Aug., 1999 whereafter the petitioner was instructed to go to the Base Hospital, Delhi for the concurrence of medical opinion from a senior Psychiatrist (Col. 'G'). According to the petitioner, the Doctors at Chandimandir diagnosed the case of the petitioner to be a case of anxiety and depression. The petitioner got admitted to the Base Hospital at Delhi and on reaching there, the senior Psychiatrist (Col. 'G') started the treatment. According to the petitioner, the said senior Psychiatrist (Col. 'G') told the petitioner that as he had misbehaved with the said Wing Commander 'B', the petitioner would have to face the consequences. Allegations have been made with regard to the wrongful treatment administered by the said senior Psychiatrist (Col. 'G') and the petitioner states that he apprehended that the senior Psychiatrist (Col. 'G') was really trying to give effect to Wing Commander B's desire of ruining petitioner's life and career. Upon expressing his unwillingness and refusal to take further treatment, the senior Psychiatrist (Col. 'G') as also the other Doctors explained to the petitioner that in such an event, petitioner's services would be terminated without any pensionary benefits. The petitioner further alleges that the said senior Psychiatrist (Col. 'G') had subjected the petitioner to six electric shocks (ECTs - Electro Convulsive Therapies) by force and threat and under influence of drugs administered to the petitioner. It is further alleged that the said ECTs were given without taking any permission from the next of kin (wife). In addition, it is alleged that the petitioner had been administered with very powerful and strong anti-psychotic drugs which were more powerful and potent than the drugs administered to the petitioner at Chandimandir.

(3.) The petitioner even moved the Delhi High Court by way of writ application seeking relief to stop the continuance of treatment for alleged psychotic disorders. An interim order was issued by the Delhi High Court. The petitioner states that the atmosphere at the Base Hospital became more hostile since the petitioner's wife had caused the writ application to be moved in the Delhi High court. The petitioner's wife brought the petitioner back to home at Durgapur on Oct. 4, 1999. The petitioner consulted eminent Doctors at Calcutta and after receiving treatment, it is stated, the petitioner came back to normal life "from the clutches of death."