Ex Hav Nain Sagar Bhagat (Army) vs UOI & Others on 14 August 2026

O R D E R

14.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein for directing the Respondents to conduct Post Discharge Release Medical Board of the Applicant and grant consequential benefits on completion of Release Medical Board. The Applicant has also prayed for payment of arrears along with interest @ 18% per annum and suitable compensation by way of cost for causing mental agony and litigation.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 28.12.1994 and on completion of terms of engagement, he was discharged from Service on 31.12.2020 in medical category

“SHAPE-1” without holding Release Medical Board (RMB). While in service, the Applicant met with a road accident on 20.10.2020 and sustained injury “Type V AC Joint Dislocation Left”. The injury was considered as Attributable to Military Service and the Applicant was placed in temporary low medical category. After treatment in service hospital, the Applicant was granted Sick Leave from 06.11.2020 to 03.12.2020 with instructions to review the disability after expiry of leave. On expiry of Sick Leave, the Applicant reported to MH, Jodhpur on 04.12.2020 for review of the disability but the Review Medical Board could not be held for want of copies of Court of Inquiry (C of I) and Injury Report. Despite repeated requests, the above documents were not provided by the Unit to MH, Jodhpur, due to which Review Medical Board could not be held and the Applicant was discharged from Service on 31.12.2020 in medical category SHAPE-1 without holding of Release Medical Board. After discharge from service, the Applicant made representations and also issued Legal Notice for holding of Post Discharge Release Medical Board, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and have submitted that on discharge of the Applicant from MH, Jodhpur on 05.11.2020, he was instructed to get Review Medical Board at Military Hospital after expiry of Sick Leave. However, he failed to report to MH, Jodhpur due to which his medical categorization board could not be carried out and, hence, no documentation (AFMSF-15) were received from MH, Jodhpur about down- gradation of medical category of the Applicant. Subsequently, the Applicant was also advised vide 12 Corps Signal Regiment (AREN) letter dt 20.08.2021 to forward his AFMSF-15 duly completed from MH, Jodhpur for further necessary action. The Respondents have further submitted that there is no record of the Injury Report, Court of Inquiry and other necessary documents corroborating the injury sustained by the Applicant with them.

4. During the course of hearing, Learned Counsel for the Applicant placed on record the copies of Court of Inquiry, Injury Report and Attributability Certificate which are taken on record.

5. We have heard Learned Counsels for both the parties and perused the material placed before us.

6. Perusal of Court of Inquiry, Injury Report and Attributability Certificate reveals that the Applicant sustained injury on 20.10.2020 while returning from his night Guard Duty and the disability of the Applicant was considered as “Attributable to Military Service. Though, as per MH Jodhpur Signal No 4063/CAT/RE-CAT/MB/2021 dt 20.06.2021, there was no record available with them for holding of Cat/Re-Cat Medical Board of the Applicant, however, MH, Jodhpur Prescription Slip dt 04.12.2020 shows that he had reported to MH, Jodhpur for the said disability and he was prescribed medicines (Annexure A/5). Further, as per Medical Case Sheet of MH, Jodhpur signed by Maj Rupesh, MO (Orthopedic Surgery), MH, Jodhpur on 05.12.2020, the Applicant had reported to MH, Jodhpur for Review/RMB for the disability “AC Joint Dislocation Left” (Annexure A/6). As per MH, Jodhpur Discharge Slip dt 03.02.2021, the Applicant was admitted to MH Jodhpur on 29.01.2021 and was discharged from there on 03.02.2021 for diagnosis “Type V AC Joint Dislocation Lt (Optd)” (Annexure A/7). From the above, it is clear that while in Service, the Applicant suffered injury “Type V AC Joint Dislocation Lt” for which he was treated in MH, Jodhpur operated upon and was placed in low medical category and the Applicant’s disability was considered as Attributable to Military Service. The Applicant had reported for Review of his disability, however, the same could not be carried out, possibly due to COVID-19 and the Applicant was discharged from Service in SHAPE-1, without holding of Review Medical Board/Release Medical Board.

7. In view of the aforesaid facts, we deem it appropriate to direct the Respondents to conduct Post Discharge Release Medical Board of the Applicant for the disability “Type V AC Joint Dislocation Left (Optd)” within a period of eight months from the date of receipt of a certified copy of this Order and in case the Applicant is found eligible for grant of Disability Element of Disability Pension based on the findings of Post Discharge Release Medical Board, the Applicant shall be granted the same in accordance with existing rules/regulations and policies.

8. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-