- (1.) The appellant herein filed O.A. No. 7 of 2016 before the Armed Forces Tribunal (hereinafter referred to as the "AFT") for quashing of the orders passed by the respondent-authority vide which the appellant was inter alia directed to undergo medical evaluation by a competent Medical Board. The challenge of the appellant was predicated on the submission that the appellant was made to undergo the said medical examinations unnecessarily. It was submitted by him that due to certain reasons, some of the Officers became vindicated towards him. They started hatching conspiracy with Senior Medical Officer of the Unit/respondent No. 7 to make a mental case against the appellant.
(2.) Though, it is not necessary to go into these allegations made by the appellant, the record reflects that the appellant was admitted in the Mental Hospital, No. 5 Air Force Hospital, Jorhat. He was subjected to many mental tests including NCCT Head etc. However, even after these tests conducted by the hospital, he was found to be a normal person.
(3.) The appellant further states that in spite of the aforesaid, he was again referred to Command Hospital, Kolkata on 27.11.2014 and was subjected to certain mental test/investigation such as MRI Brain, Frontal Assessment Battery test, EEG test and other tests. Even in those tests he was found to be normal and no abnormality was deducted. In spite thereof, he was again sent to civil hospital - Institute of Behavioural Sciences, Kolkata and was subjected to certain tests. This time also he was declared fit. Even, thereafter, he was again asked to report to Mental Hospital, No. 5 Air Force Hospital, Jorhat and again nothing wrong was found about his mental condition. Notwithstanding the same, when the appellant was directed to submit to similar tests again, the appellant opposed the same in the AFT by filing the aforesaid O.A. on 5.08.2015. When the said O.A. came up for hearing before the AFT, it passed orders on 5.02.2016 directing the appellant to appear before the Review Medical Board with further directions to the respondent to constitute such a Board without delay.;