Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Armed Forces Pre-mature release |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Armed Forces - Pre-mature release/discharge ofappellant from service for suffering from 'SchizophrenicReaction' - Disability pension - Entitlement to - Expertopinion - Opinion of Medical Board - Scope of judicial review- Whether, on facts, the Medical Board had entirely relied uponan inchoate opinion expressed by the Psychiatrist and noeffort was made to consider the improvement made in thedegree of illness after the treatment - Held: Although, theCourts and other judicial I quasi-judicial forums are extremelyloath to interfere with the opinion of the experts, they cannot,in each and every case, refuse to examine the record of theMedical Board - ·In the case at hand, the Invaliding MedicalBoard simply endorsed the observation of the Psychiatristthat the case of appellant was that of "Schizophrenic Reaction"- Conclusion recorded by the Invaliding Medical Board wasnot well founded and required review in the context of theobservation made by the Psychiatrist herself that withtreatment, the appellant had improved - In the peculiar facts,the Tribunal should have ordered constitution of ReviewMedical Board for re-examination of the appellant - However,the Tribunal did not even bother to look into the contents ofthe certificate issued by the Invalidating Medical Board andmechanically observed that it cannot sit in appeal over theopinion of the Medical Board - Respondents directed to referthe case of appellant to Review Medical Board for re-assessing his medical condition and find out whether at the time of discharge from service, he was suffering from adisease which made him unfit to continue in service andwhether he would be entitled to disability pension. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 404 |
Petitioner | Veer Pal Singh |
Respondent | Secretary, Ministry Of Defence |
SCR | [2013] 10 S.C.R. 579 |
Judgement Date | 2013-07-02 |
Case Number | 5922 |
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