CPL. ASHISH KUMAR CHAUHAN Vs. COMMANDING OFFICER

JUDGEMENT

(1.) Heard CPL Ashish Kumar Chauhan, the complainant and Mr. Vijay Chandra Joshi, Advocate, for the opposite parties.

(2.) CPL Ashish Kumar Chauhan (the complainant) has filed this complaint, for (a) a compensation of Rs.95,03,00,000.00 (Rupees Ninety Five Crores and Three Lakhs only) together with litigation expenses of Rs.10,000.00 per hearing, (b) to direct the opponent to investigate into the circumstances and award suitable pecuniary punishment to the delinquent officials and (c) to pass any other direction as deemed appropriate in accordance with the facts and circumstances of the case. In paragraph-43, he has given details of the compensation (i) Rs.1.5 crore as travelling expenses, for his treatment, incurred every month from his house to New Delhi, (ii) Rs.50.00 lakhs as the expenses for his medicines, (iii) Rs.1.53 crore for loss of salary, from the date of his retirement due to not giving extension till the age of superannuation (iv) Rs.1.5 crore as medical expenses, which he is required to incur due to non-availability of medical services and immunologist at his home town, (v) Rs.10.00 crores for violation of his human right, (vi) Rs.40.00 crores for mental and social agony, and (vii) Rs.40.00 crores for his defamation.

(3.) The complainant stated that he was recruited in Indian Air Force on 21/5/1996, after being found physically fit, in medical test. In 2002, he was posted at 302 TRU, Pathankot. While on duty under "Operation Parakram", in Jammu and Kashmir, he fell sick and was admitted to 171 Military Hospital, Samba, in July 2002, where one unit blood was transfused into his body, during treatment. The papers relating to his treatment were handed over to Senior Medical Officer of 302 TRU, Pathankot for its maintenance, but the opposite parties intentionally lost/hid it and did not provide them to him. In the year 2014, he was transferred to Gandhinagar. Around March/April, 2014, he fell ill and was admitted to Station Medicare Centre, Head Quarter, South West Air Command (U), Gandhinagar. Due to complications developed during treatment, he was transferred to Military Hospital, Ahmedabad. However, his condition went on deteriorating. As such he was shifted to INHS Asvini, Mumbai, where his blood test was done, in which Human Immuno deficiency Virus (HIV) was diagnosed on 21/5/2014. After treatment, he came back to Station Medicare Centre, Gandhinagar, in June, 2014. When he came to know about HIV infection, he made efforts to know as to from where and how he was infected with HIV. After considerable efforts, he learnt that during blood transfusion in July, 2002, at 171 Military Hospital, Samba, he got infection of HIV. After detection of HIV, First Medical Board was held on 11/6/2014, in which, his disease was made 'non-attributable to service'. He was not satisfied with the findings of Medical Board and demanded the documents relating to his blood transfusion in July 2002, at 171 Military Hospital, Samba, which was refused by the opposite parties on the pretext that they were not available. In February, 2015, he was admitted at Military Hospital, Ahmedabad due to H1N1 (Swine) Influenza, Macrocytic Anaemia, Subhyalodid Haemorrhage along with Immune Surveillance and transferred to Station Medicare Centre on 3/3/2015. The complainant, in order to obtain his documents, relating to his treatment in July 2002, referred the Sheet Role (Service Book) for seeking the information about Personal Occurrence Report (POR) action of hospitalisation during July 2002, which have to be maintained and endorsed in the service record by Commanding Officer of the concerned Unit under the Rules. Senior Medical Officer (opposite party-5), then wrote a letter dtd. 24/9/2014 to the Air Force Record Office, New Delhi, in this respect. Then, through letter dtd. 29/9/2014, his Medical Case Sheet was supplied. A perusal of Medical Case Sheet shows that one unit of blood was transfused into his body on 10/7/2002 but it has not been mentioned in it that ELISA (Enzyme Linked Immunosorbent Assay) test of the blood was done nor any report of ELISA test was supplied/pasted with it. Thereafter, Medical Boards were held on 12/12/2014 and 24/6/2015 in which his disability was found as attributable to service due to transfusion of one unit blood in July, 2002. The opposite parties sent the complainant to INHS Asvini, Mumbai in December, 2015, for medical opinion of the specialist and his medical classification. The Specialist gave his opinion on 16/12/2015 and classified him as P-3, Permanent Equivalent and further opined that the complainant be excused from PT/Parade/Games/Standing duties and to avoid undue exposure to air conditioner environment/moist condition. When he was returning from INHS Asvini, Mumbai, he was intentionally and maliciously admitted at Station Medicare Centre from 18/12/2015 to 22/12/2015. During this period, he was not provided meals for 5 days. In order to implicate him in criminal case, the opposite party transferred Rs.50,000.00 approximately in his bank account; however, later on they withdrew it from his account. The opposite parties deliberately tried to declare the complainant as a patient of psychological disorder and recommended for counselling on 5/1/2016 and also counselled him. The complainant, through letter dtd. 10/9/2015, requested to supply the certified copies of his medical documents, which were essential for his treatment after discharge from the service but the same were not provided and a condition has been put before the complainant to sign the proceeding of Release Medical Board, which in fact never took place after due notice to him. The complainant, through letter dtd. 17/11/2015, requested for Pre-Release Course, which was denied. Without Release Medical Board, the complainant was discharged from service on 31/5/2016, denying his extension of the service. He was not provided Ex-Servicemen Contributory Health Scheme (ECHS) Card timely, for which he had to move an application on 26/4/2016, then temporary receipt was made on 27/9/2016. In the absence of ESHS Card, he was not provided treatment/medicines, although Rs.15,000.00 has been deducted from his post retirement dues, for his treatment through out of his life. The complainant moved a letter dtd. 22/9/2016, for supply of disability certificate, which was denied through letter dtd. 14/12/2016, on the ground that there was no provision for the same. After retirement, the complainant was detected "calculus of size 8.6 mm in right lower ureter below crossing the iliac vessels", for which, he was treated on his own expenses at Mittal Hospital and Research Centre Pushkar Road, Ajmer, although it was an empaneled hospital of ECHS, Ajmer Rajasthan. Due to negligence caused by the opposite parties, the complainant contacted the dreadful decease HIV. The complainant is helpless and is going through a lot of stress and has become very sensitive about his future life. The opposite party have spread the confidential information of the complainant regarding to his HIV infection to all the persons of his unit including Sec. Commander due to which his human right has been violated. These persons also defamed him and exposed his disease which resulted in a lot of mental torture and humiliation. The opponents continuously harassed the complainant for more than 14 years and adopted unreasonable, unjustified and autocratic action. HIV infection is a life-long disease and the complainant and his entire family has to suffer mental agony and punishment for whole of his life. For his treatment, the complainant has to go Delhi in every month, at his personal expense. He has to incur money for the medicines. The complainant was a dedicated, hardworking and sincere soldier and due to his devotion to duty, his marital life was disturbed, for which the complainant had to face several cases and during that period also no moral/actual support was provided by the opponents. The opponents intentionally did the Personal Occurrence Report (POR) action to show that he was living out (staying with family). The opponents have maliciously and falsely reflected the name of the complainant in the column of Daily Ration Strength Summary Register. In case, the complainant had been granted extension of his service, he would have served till the age of 57 years. Thus he had suffered loss of future salary for 17 years, including chance of promotion and revision of pay scales. The complainant is suffering from emotional, financial and mental stress due to his disease, which was attributed to negligence of the opposite parties.