Capt Ss Sengar v. Uoi

1. Heard Shri Satya Sahrawat, learned counsel for the applicant as well as Shri Y.P Singh, learned counsel appearing for the respondents.

2. The applicant has filed this application praying for a direction to the respondent authorities to conduct a Review Medical Board in respect of his disability Dyslipidaemia contending, inter alia, that though he approached the respondent No. 4 viz., Senior Registrar as also the OC, Troops for having a RMB pursuant to the Army Order No. 9/2011, the said application has not been accepted on the ground that the release order has already been issued. The learned counsel appearing for the respondents controverting such submissions, has submitted that the applicant never applied for the Review Medical Board and, therefore, there was no question of either not accepting the same or to consider the same.

3. The applicant though in paragraph 4.16 has made a statement that he approached the Senior Registrar and OC Troops by means of an application for conducting the RMB for re-classification of his medical category which, according to the applicant, the said authority has refused to accept, the applicant did not annex a copy of the said application.

4. That being the position, we are unable to accept the said submission of the applicant relating to the attempt made for submission of an application seeking the Review Medical Board.

5. The learned counsel for the applicant at this stage has prayed for leave of this Tribunal to allow the applicant to file a fresh application seeking the Review Medical Board and also a direction for consideration of the same in terms of the aforesaid Army Order by the respondent authority before the date of his discharge i.e 10.04.2017

6. The learned counsel appearing for the respondents submits that the time left for discharge being only seven days, it may not be possible on the part of the respondents to consider such application even if filed.

7. Having regard to the aforesaid submissions advanced, we dispose of the OA allowing the applicant to file an application before the appropriate authority by 10.30 AM tomorrow (04.04.2017). In case such an application is filed seeking Review Medical Board within the aforesaid period of time, the same shall be considered and necessary orders shall be passed in accordance with law by respondent authorities on or before the date of release i.e 10.04.2017 In case the applicant is found to be medically fit, the consequential decision shall be taken by the respondent authorities.

8. OA, accordingly, stands disposed of.

9. Order dasti.