LIEUTENANT COLONEL RAJNEESH TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Court:- The petitioner is a lieutenant Colonel lastly posted as Officer Commandant 17 CIB, Katihar Military Cantonment, Bihar. The petitioner alleges that having reported about several anti national and smuggling activities amongst a sec. of the army personnel in Seemanchal area of Bihar while he was posted at Katihar. The petitioner alleges to have been victimised thereafter.

(2.) The petitioner further alleges that as an aftermath of such reporting he was forcefully moved to the Bengdubi, 158 Base Hospital near Siliguri in North Bengal on 1st March, 2021. On 5th March, 2021 he was referred to the Eastern Command Hospital, Kolkata for psychiatric treatment. The petitioner was at Eastern Command Hospital from 9th March, 2021 and was released therefrom on 22nd March, 2021. The petitioner also alleges that no medical reports or documents pertaining to his medical treatment was made available to the petitioner. The petitioner also alleges to have been treated at the Hospital against his will and was administered medicine without his consent. The petitioner also alleges to have been kept forcefully confined at the Eastern Command Hospital, Kolkata till his release on 22nd March, 2021. Challenging such activities, the petitioner approached this Court by filing the instant writ petition on 13th April, 2021, inter alia, seeking a direction for psychiatric evaluation by an independent medical board in any reputed civil hospital and for furnishing the medical reports and documents with a further prayer to allow him to resume his work. Acceding to the petitioner's prayer, by an order dated 30th April, 2021, the petitioner was referred for evaluation by the Psychiatry Department of SSKM Hospital, Kolkata.

(3.) The SSKM Hospital at Kolkata has communicated its finding after examining the petitioner through a medical board. The result of such examination was made known to this Court by a memo bearing no. IP/21/539 dated 13th July, 2021.