IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 30160 of 2010(T) -------------------------- PETITIONER: --------------- JOBY VARGHESE, (EX HAV.14644735 X), AGED 27 YEARS, S/O. P.M.VARGHESE, 515 ARMYBASE WKSP, C/O. 56 APO, BANGALORE, RESIDING AT LOVEDAYIL CHIRA, PONGA.P.O., ALAPPUZHA. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.HARISH KUMAR RESPONDENTS: --------------- 1. ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI REPRESENTED BY ITS REGISTRAR, FORT KOCHI, KOCHI-1, KERALA. 2. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT (DEFENCE), MINISTRY OF DEFENCE NEW DELHI. 3. THE SENIOR RECORD OFFICER, EME RECORDS, C/O 56 APO SECUNDRABAD. 4. THE OFFICER-IN-CHARGE, 515 ARMY BASE WKSP C/O 56 APO, BANGALORE. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... W.P.(C) No.30160 of 2010 .................................................................... Dated this the 24th day of November, 2010. JUDGMENT Ramachandran Nair, J. This W.P.(C) is filed challenging the order of the Armed Forces Tribunal, Regional Bench, Kochi, confirming the release of the petitioner from the Army on medical grounds. The petitioner joined the Army at a fairly young age and served there for 8 years. He was involved in a road accident while on leave, which led to temporary disability for some time. The Army noticed that the petitioner was taken to alcoholism and has exhibited Alcohol Dependent Syndrome. Though he underwent treatment for de-addiction, the Army after admission in their hospital and examining him noticed that he continued to be alcohol dependent and was consequently removed from service. It is this order that was challenged before the Tribunal, which did not interfere with the release of the petitioner from the Army. 2. During hearing, we directed the petitioner to be personally present in court and accordingly he appeared in person before this W.P.(C) 30160/2010 2 court. The petitioner explained the detailed de-addiction treatment underwent by him in a well-known hospital and has stated that he is not touching alcohol. Apparently petitioner appeared to be quite normal to us and we, therefore, felt a detailed medical examination of the petitioner is called for before considering his contentions against findings of the Army that he is alcohol dependent. Accordingly we referred him to the Medical College Hospital, Alappuzha, where he was stated to be admitted and examined by a team of four Doctors. The Medical Team comprising of well-known and experienced Doctors of the Medical College Hospital, Alappuzha, have sent the medical report in sealed cover to this court. On going through the same, we feel the Army's decision calls for reconsideration because he is quite a normal person now. Having regard to the fact that the petitioner was given employment in the Army under the Sports quota and he served there for 8 years, we feel petitioner could be accommodated in the Army, if he is physically fit at present and discontinued taking alcohol on a regular basis. Assistant Solicitor General appearing for the respondents submitted that Army has their own set up for medical examination for verifying medical fitness of a person and, therefore, the medical report W.P.(C) 30160/2010 3 issued by the Medical College Hospital, Alappuzha, should not be accepted as such. We find force in this contention because before being inducted to the Army again, the Army is free to get the petitioner examined by a Medical Board consisting of qualified Doctors. However, we feel the subsequent treatment and restoration of health by the petitioner should certainly be considered by the Medical Board. The medical report sent by the Medical College Hospital, Alappuzha, also cannot be ignored because the Doctors who have examined the petitioner and issued certificate are very qualified persons in the field. In the circumstances, we dispose of the W.P.(C) by directing the second respondent to order re-examination of the petitioner by the Appellate Medical Board to be constituted with expert Doctors at the Army Medical College, Pune, if necessary after admitting him in the Hospital. If the Appellate Medical Board approves petitioner's fitness, then there will be direction to respondents 2 to 4 to reinduct him at the same rank, but without giving back wages for the period he was kept out of service. It is for the Medical Board to consider the medical report issued by the Medical College Hospital, Alappuzha, which is attached to this judgment as an Annexure, while examining the W.P.(C) 30160/2010 4 petitioner and form their own impressions about him. A final decision after considering medical report will be taken by respondents 2 to 4 within a period of three months from now. Assistant Solicitor General will forward this judgment with copy of the medical report to the second respondent for compliance without any delay. The petitioner will be informed about the date on which he should be present for admission and medical examination by the Appellate Board at the Army Medical College, Pune. W.P.(C) is disposed of as above leaving freedom to respondents to take fresh decision as directed above without being influenced by the earlier orders or the order of the Armed Forces Tribunal that was challenged in this case. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms