Calcutta High Court
Lieutenant Colonel Rajneesh Tiwari vs Union Of India And Ors on 30 April, 2021
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
OD-1
ORDER SHEET
WPO 191 OF 2021
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
LIEUTENANT COLONEL RAJNEESH TIWARI
Versus
UNION OF INDIA AND ORS.
BEFORE:
The Hon'ble JUSTICE RAJASEKHAR MANTHA
Date : 30th April, 2021
Appearance:
Mr. Ranajit Chatterjee, Adv.
...For the Petitioner
Mr. Siddhartha Lahiri, Adv.
Ms. C. Alam, Adv.
...For the Respondent
Mr. Y. J. Dastoors, Ld. ASG ...For the Respondent Nos. 2 to 6 Ms. R. Mukherjee, Adv.
...For the Union of India The Court : The petitioner is an lieutenant Colonel in the Indian Army and was the Commanding Officer at 17CIB, Katihar Military Cantonment, Bihar. The Petitioner is alleged to have been an alcoholic and addicted to psychotropic drugs.
2
A Court of inquiry was conducted and it was proposed that the petitioner should be under psychiatric treatment. The petitioner has declined the same. Court of Inquiry has also held that the petitioner is not fit for military duty.
Counsel for the writ petitioner submits that the petitioner's psychiatric evaluation is fake and a counterblast to the petitioner exposing certain improprieties in the army. It is further submitted that the army is desirous of discharging the petitioner from service on one pretext of the other and the psychiatric evaluation of the petitioner by the army is not bona fide.
It is also alleged that the allegations imputed to have been made by the petitioner's wife against him are wholly untrue and incorrect.
Counsel for the army however submits that the findings of the Medical Officer dated 22nd March, 2021 are in accordance with the rules of the army and bona fide.
This Court is of the view that since the rights of the petitioner under Article 21 of the Constitution are at stake, there is a prima facie case made out for an independent psychiatric evaluation of the petitioner.
In those circumstances, the petitioner is referred for evaluation to the Psychiatry Department of the SSKM Hospital at Kolkata. The Head of Department of Psychiatry, SSKM Hospital shall constitute a Board of three Senior Doctors (including himself) to assess the psychiatric condition of the petitioner and also opine on the findings of the Medical Officer of the army dated 22nd March, 2021.
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For the aforesaid purpose, the respondent Nos. 2 to 5 shall transmit to the said HOD, Psychiatry, SSKM Hospital, the entire medical reports of the petitioner in their possession for the past 15 years. The petitioner may also through his wife and/or his Counsel submit any other medical records that in his possession to the said HOD, SSKM Hospital.
Let a report be submitted to this Court by the aforesaid Medical Board, within a period of two months from date. A copy of such report shall be made available to the Counsel for the petitioner, Counsel for the Respondent Nos. 2 to 5 as well as the Union of India.
It is expected that all parties would maintain confidentiality of the said report.
Let this matter stand adjourned on 25th June, 2021. It is submitted that the petitioner is being discharged today by the army hospital. The petitioner shall be entitled to stay in army quarters along with his wife for the duration of the aforesaid medical evaluation. He shall be entitled to remain under sick leave until 25th June, 2021 and shall co-operate with the Medical Board of the SSKM Hospital.
The petitioner shall be entitled to stay in the guest living quarter of the army at Kolkata against payment of charges if any in terms of the applicable rules.
4
The army may take steps with regard to the service of the petitioner but any final order in respect of the petitioner shall not be given effect to without the leave of this Court.
Notices to the petitioner shall be issued by the Medical Board through his advocate-on-record Mr. Partha Sarathi Mullick. The army shall be notified through Eastern Command Hospital, Alipore Road, Kolkata.
Counsel for the petitioner shall serve a copy of this order on the HOD, Psychiatry Department, SSKM Hospital, along with addresses of the respective parties.
(RAJASEKHAR MANTHA, J.) S.De