LAWS(P&H)-2006-8-486

RAM MEHAR Vs. UNION OF INDIA

Decided On August 22, 2006
RAM MEHAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner is resident of village Behlba, Post Office Behlba, Tehsil Meham, District Rohtak (Haryana). He has filed this petition with a prayer for quashing discharge order dated 23.12.2002 (P-5), discharging the petitioner on medical grounds w.e.f. 17.4.2003 due to Low Medical Category for Alcohol Dependence Syndrome.

(2.) The above mentioned order has been passed at Pune. A further prayer has been made for directing the respondents to either reinstate the petitioner in service with consequential benefits or in the alternative to grant disability pension to him.

(3.) Few facts may first be noticed. The petitioner was enrolled in the army on 1.9.1983. He was promoted to the rank of Naib Subedar on 13.12.2001. While the petitioner was serving in the Command Hospital (SC) Pune in Q Branch, on 1.4.2002, he was hospitalized in the Command Hospital, Pune, on the grounds that he indulged in excessive drinking and lost his control over his conduct on/off duty. The petitioner was discharged from the hospital on 30.5.2002 and placed under low medical category S-3(T-24) for six months. At the time of recording of his Annual Confidential Report, the petitioner underwent medical examination as he was placed in Low Medical Category. It is claimed that firstly Lt. Col. T.R. John, Specialist Psychiatry examined the petitioner and thereafter Brigadier Pethe, Consultant (Psychiatry) examined him and stated to have opined on 17.8.2002 as under: