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Judgment
The matter was first heard on 28.02.2022 and notice issued. The Respondents were directed to produce the Invalidment Medical Board of the applicant on the next date and directions were also issued to hold the discharge of the applicant in abeyance till then.
Pursuant to these Orders, the Respondents produced the Invalidment Medical Board (AFMSF-16) of the applicant held at INHS Kalyani, Vishakapatnam on 12.01.2022.
Heard both parties on the interim prayer seeking stay on the discharge and re-evaluation by another medical board to be held at RR Hospital. The Counsel for the applicant stated that consequent to the applicant’s hospitalisation in February 2020, his discharge report indicated that he had responded well to the treatment. Thus, it is not known how his condition deteriorated so much that he had to be invalidated out in January 2022. The Counsel further added that during the Invalidment Board, the Sr. Advisor (Psychiatry) had evaluated the applicant in a short perfunctory video conference. The Counsel then vehemently asserted that in order to ensure that the applicant was properly evaluated, he be examined by a fresh Medical Board at the RR Hospital.
The Counsel for the Respondents then drew our attention first to DG AFMS Medical Memorandum ‘Reference for Psychiatric Examination, Diagnosis, Treatment and Disposal of Service Personnel and their Families Suffering from Psychiatric Disorders’, and then to Navy Order 07/2014 on “Medical Boards Classification Serving officers/ Cadets/ Sailors / Recruits”. In particular, he drew our attention to Section 4 of the Navy Order dealing with disposal of naval personnel suffering from psychiatric disorders and stated that all individuals who are unlikely to be reasonably productive in the discharge of their duties shall be invalidated out of service after adequate treatment. The Counsel then explained the various category of cases which, as a general rule, will be invalided out and this included cases with less than 2 years of service where chronicity was likely (major psychiatric disorders), generalised anxiety disorder, obsessive compulsive disorder, alcohol/drug dependence and others.
Referring to the applicant’s case, the Counsel stated that the applicant was first admitted to INHS Kalyani in February 2021 for psychiatric evaluation and management. He was under observation and treatment till 17.04.2021 when he was discharged on 04 weeks sick leave with instructions to report to the nearest hospital on expiry of the sick leave. Later, based on the Navy Order and the fact that he had just a little over 2 years of service and had a chronic psychiatric disorder, he was brought before a Invalidment Medical Board (IMB) in January 2022.
The Counsel for the Respondents took us through the IMB in detail. He then added that the report by the Graded Specialist (Psychiatry) was a detailed and exhaustive one and that he had earlier also treated the applicant in February 21. The applicant was recommended to be invalidated out of service in medical category S5A5 as per No. 07/2014 Sec IV, Para 1a(iv). The Senior Advisor (Psychiatry) had then perused the detailed report of the Graded Specialist (Psychiatry), interacted with the applicant on line and also recommended that the applicant be invalided out of service in medical category S5A5 for a revised diagnosis of ‘Persistent Delusional Disorder - ICD 10 F 22.0’. The Board’s recommendation was then approved by the competent authority on 11.02.2022. The Counsel then vehemently asserted that since a duly constituted medical board had recommended invalidment and the fact that the Board had already been approved, a fresh medical board was unwarranted and not stipulated.
Having gone through the IMB proceedings and having read the detailed report of the Graded Specialist (Psychiatry), and in view of the fact that the IMB has been approved by the competent authority, we find no justification for a fresh medical board as prayed for. Thus, the interim prayer is rejected. Thus, the interim order dated 28.02.2022 keeping the discharge of the applicant in abeyance stands vacated.
Respondents to file their counter affidavit within four weeks with copy to the counsel for the applicant, who may file rejoinder thereto within two weeks.
List the matter on 11th May, 2022.