Sub Dharmendra Pratap Singh vs UOI & Others on 25 November 2025

O R D E R

25.11.2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying that the action of the Respondents of advising the Applicant to be admitted in Psy Ward with 1x3 escorts as made in the OPD Slip dt 09.10.2023 may kindly be quashed and set aside and to direct the Respondents to pay compensation of at least Rs. 10 Lac for causing mental harassment and trauma to the applicant.

2. Brief facts of the case as enunciated by the Applicant are that after completion of terms of engagement in the rank of Subedar, the Applicant is scheduled to be discharged from Service in December 2023. During the course of firing practice on 10.02.2023 at Mandata Firing Range, the Applicant felt numbness in both the ears and tinnitus started in left ear for which he was treated conservatively. Thereafter, vide Order dt 15.05.2023, the Applicant was directed to report to MI Room of Integrated Health Centre, Niwaru Military Station for final medical examination as the Applicant was scheduled to be discharged in December 2023. The Applicant is suffering from bilateral hearing loss but under the conspiracy, his medical category was assessed as SHAPE-1 and, consequently, the Applicant would be deprived for disability pension benefits. The aggrieved Applicant filed OA No 327/2023 which is pending before this Hon’ble Tribunal. On appeal of the Applicant for Re-examination of his hearing capacity, the Applicant was directed to report to MH Jaipur between 0800-1300h on ENT OPD days along with connected documents vide letter 18.08.2023. The Applicant appeared for re-examination of his disability in ENT OPD, MH Jaipur on 09.10.2023, but under the conspiracy to deprive him of the disability pension benefits, he was advised to get himself admitted in Psy Ward with 1x3 escorts, whereas no case of mental disease has been detected throughout his long career and due to this illegal advice the Respondents have caused him mental trauma with an ill intention to make a stable man as unstable for which the Applicant deserves adequate compensation. Therefore, the aggrieved Applicant has filed present OA seeking for aforesaid reliefs to the Applicant.

3. The Respondents have filed a detailed Reply Statement and have submitted that the Applicant was referred by Medical Officer, MI Room, 45 Infantry Brigade as a case of hearing loss with tinnitus both ears following small arms firing at Mandata Firing Range on 10.02.2023 and on evaluation, he was found to have inconsistent response on CV/FW and PTA (Pure Tone Audiometry) and was treated conservatively on OPD basis. In view of the persistence of the symptoms (hearing loss with tinnitus both ear), the Applicant was admitted in MH Jaipur on 04.07.2023 for observation. The Applicant, being in last year, he was transferred to Command Hospital (SC), Pune for opinion of Senior Advisor ENT-HNS on 08.07.2023, where he was thoroughly evaluated clinically, audilogically and was found to have no hearing loss and was transferred back to MH Jaipur on 20.07.2023 for further disposal. Thereafter, the Applicant was discharged from MH, Jaipur and sent to his unit with no low medical category for hearing loss as he was advised the same from Command Hospital (SC) on 22.07.2023. However, the Applicant again reported for similar complaints on 09.10.2023. Since Graded Specialist ENT of Command Hospital (SC), Pune found the Applicant having no hearing loss on 13.07.2023 and he again reported for the same problem, he was referred to Psy OPD for evaluation with an advice to get himself admitted with 1x3 escorts and alongwith three copies of AFMSF-10, but the Applicant did not get himself admitted for the same. As per existing guidelines, a person cannot be placed in low medical category without the countersignatures of Senior Advisor. As per Senior Advisor, Southern Command (SC), Pune, the Applicant was having no hearing impairment (Annexure A). However, when the Applicant presented himself for the similar complaint thereafter too, then it was prudent to rule out any non-organic cause of deafness for which he was referred to Psy OPD, but he did not report there. In view of the aforesaid averments, the Respondents have reiterated that the entire procedure was followed as per existing guidelines on the subject in the interest of the Applicant and the organisation. The OA is devoid of merit and deserves to be dismissed.

4. We have heard Learned Counsels for both the parties and perused the record placed before us.

5. Perusal of admission slip of Command Hospital (SC), Pune reveals that the Applicant was transferred from MH Jaipur to Command Hospital (SC), Pune for evaluation of diagnosis “Bilateral Mixed Hearing Loss” and he was admitted in Command Hospital (SC), Pune on 09.07.2023 for evaluation, where he was evaluated on 13.07.2023. The opinion of Graded Spl (ENT), Command Hospital (SC), Pune reads as under:- “48 year old serving JCO, current medical category SHAPE-1, presented with chief complaints of tinnitus left sided and sudden hearing loss subsequent to small arm firing session – DOJ 10 Feb 2023. On clinical and audio-logical evaluation, the serving JCO was found to have normal hearing sensitivity, thus to continue in SHAPE-1. He is transferred back to MH Jaipur. He is fit for transfer.

Diagnosis : Bilateral Mixed Hearing Loss (Inv).”

6. From the above, it is clear that the Applicant was evaluated for Bilateral Mixed Hearing Loss by Graded Specialist, Command Hospital (SC), Pune on 13.07.2023 and based on the clinical and audiological evaluation, he was found to have normal hearing sensitivity and transferred back to MH Jaipur on 20.07.2023as he was not having any hearing loss. Since, the Applicant again reported for the similar problems on 09.10.2023 in MH, Jaipur, it was prudent to rule out any non-organic cause of deafness for which he was referred to Psy OPD. Referring a patient to Psy OPD, in any manner, cannot be construed as a conspiracy against the Applicant on the mere allegations made by the Applicant. The Applicant was posted in Jaipur whereas he was evaluated for hearing loss at Command Hospital (SC), Pune and, hence, the conspiracy theory of the Applicant for depriving him for grant of disability pension is rejected. Moreover, the Applicant has placed no substantial material which can establish that there was a conspiracy against the Applicant in denying him the benefit of disability element of disability pension. If the medical authorities have referred him to Psy OPD, he should have reported to Psy OPD for further evaluation by Psy Specialist, but he chose not to report for his psy evaluation on his own which is a defiance of the orders passed by the competent medical authorities/superior authorities.

7. In view of the above, we are of the considered view that since the Applicant was at fault himself in not abiding with the advice of competent medical authority, the OA is devoid of merit and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-