S.B.Sinha, J. - (1.) INTERPRETATION and application of some provisions of the Army Act 1950 (hereinafter referred to as "The Act") and Army Rules, 1954 (hereinafter referred to as "The Rules") arises for consideration in this appeal, which arises out of the judgment and order of a Division Bench of the Delhi High Court dated 4.3.2005 passed in Writ Petition (Civil) No.3442 of 1998, dismissing the writ petition filed by the appellant herein.
(2.) APPELLANT joined the Army Service on or about 18.8.1981. He is a holder of B.Sc. (Biology) degree. He has received trade training in the Army as a Technician Electronic System. He passed the 54th Entrance Examination from Army Cadets College from Dehra Doon in the year 1986. He secured first position in the South Command and third position on an all India basis. In ordinary course, he would have become a Commisioned Officer upon obtaining training from Army Cadet College, Dehra Doon but prior thereto he was posted to Ladakh. While posted at Leh, owing to high altitude of the place, he developed psychiatric problems. For want of necessary care, he became a psychiatry patient. He had to undergo treatments in the Army Hospitals situated at Chandigarh, Allahabad, Jabalpur and Ambala. In the Medical Board proceedings held on 22.4.1987, the appellant was put in medical category 'CEE' wherein it was opined : "This 27 yrs. Old serving soldier with more than 5 yrs. of service is a case of Neurosis-onset of illness in early Jan. 1987 while serving it high altitude area. Illness was characterised with acute onset of attacks of chest pain, giddiness, vomiting and tingling sensation all over the body, physical. Present Condition. Examination and relevant laboratory parameters were within normal limits. He was evaluated psychiatrically at CH (WC) in Chandigarh in Feb. 87. Psychologically he was tense anxious and worried. He showed preoccupation on somatic symptoms, craved for sympathy. Exaggerated his symptoms and expressed his inability to withstand extreme cold climate and other environmental constraints, of high altitude area. He had sleep and appetite disturbances with normal insight and judgment. He has been managed with phychotherapy and anxiolytics for which response is favourable it present a symptomatic. He is cheerful and have no overt signs of anxiety. On motivation for further service is FM SF-10 dated 10 Apr. 87 is unsatisfactory. He needs to be observed in low medical category. Recommended to be placed in medical category CEE temporary psychological for 6/12 yrs. To be reviewed thereafter with fresh AFMSF-10 by his O.C. Unit." The medical re-categorization which was to take place on or about 21.10.1987 was delayed. He continued to be on medical leave and was categorized to be in CEE category for six months. Thereafter he went on leave as a part of annual leave, but he allegedly over stayed for about 96 days. Some punishment was imposed on him by an order dated 5.12.89. He prior to joining his present posting, was posted in another unit on 20.1.1990. He was allegedly found fit to join his duties. He was again summarily tried and awarded three days' pay fine despite the fact that his medical re- categorization had not been done timely. He was admitted to Medical Hospital, Ambala from 13.5.1990 to 7.6.1990 for medical recategorisation. He was granted casual leave for the period of 7.6.1990 to 18.6.1990 to visit his family, but he allegedly overstayed his leave again for 20 days, even though there is nothing to show as to whether he had been declared fit for joining his duties or not. There is also nothing on record to show that any action was taken against him in respect thereof but admittedly he was admitted to Medical Hospital, Ambala for medical re-categorization. He was transferred to Command Hospital (Western Command) on 16.7.1990.
(3.) FOR his purported absence for the period from 16.7.1990 to 22.7.1991, a chargesheet was submitted which reads as under : JUDGEMENT_717_TLPRE0_2007Html1.htm We would deal with this aspect of the matter a little later, but we may notice that it is borne out from the record that he had again been sent to Command Hospital (Western Command) for medical re-categorization. Having been found fit, he was allegedly discharged from the Hospital on 12.8.1991upon upgrading to Medical Category 'AYE'. He was summarily tried for another misconduct and was awarded 7 days Rigorous Imprisonment and 7 days Pay fine.;