Sushane Puri vs Union of India on 15 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (JUDICIAL)

The applicant was a Short Service Commission Officer. He was commissioned on 16.03.2013 and was released on 15.03.2023 on completion of tenure of 10 years. During his service, he attended various courses, such as the Commando Course. He was also deputed to the Special Frontier Forces (SFF) from December 2018 to June 2021. Allegedly, he also underwent Basic Parachute Course.

2. In June 2026, he started experiencing episodes of lower back pain coupled with headaches and ringing in the ears. He was incapacitated and was restricted to bed for a period of ten days. On 22.06.2026, he underwent an MRI, which concluded that the applicant has Lumbar Spondylosis with diffuse disc bulge at L4-L5 level, a similar bulge at L5-S1 level as well as at L3-L4 level.

3. Based on the above finding of the MRI, the present Original Application has been filed for direction to the respondents to conduct a Post Discharge Medical Board after his application for the same dated 02.07.2026 was not responded to.

OA No. 579 of 2026 Major Sushane Puri (Retd) Vs. UOI & Ors ...2/-

3. The applicant in person submits that he underwent various strenuous courses while in service. He also underwent the Basic Parachute Course and spent a tenure in the SFF which is a specialised organisation deployed in mountains. On account of strenuous nature of the courses done by him and duty as part of a specialised force, his back may have been injured. The pain, however, started three years after his release. Obviously, the manifestation of the disability was delayed, thus, the applicant’s prayer for conduct of a Post Discharge Medical Board ought to have been accepted.

4. The submission cannot be accepted because a Post-Discharge Medical Board is conducted only when the manifestation of a disability is post- discharge, though the cause thereof arose while in service. The submission made by the applicant shows that he is basing his claim upon a likelihood. Thus, even prima facie, it cannot be concluded that the disability was the result of an injury sustained while in service.

5. Further, it needs to be noted that had an injury been sustained while in service, the manifestation thereof would not have been delayed by so many years. The backbone is a very sensitive part of the body and any injury thereto would result in immediate manifestation. For this reason also, the application cannot be accepted.

6. Finally, a perusal of the MRI scan report shows that it was likely due to muscle spasm and degenerative changes. There is no abnormality or bony destruction. Thus, the submission that the disability may have been the result of an injury sustained while in service is untenable on its face.

OA No. 579 of 2026 Major Sushane Puri (Retd) Vs. UOI & Ors ...3/-

7. For the foregoing reasons, the Original Application has no merit and is dismissed.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

15thOct, 2026/‘dp’ REPORTABLE : NO