Punjab & Haryana High Court passes strictures and imposes a fine of Rs 50,000 on the Govt for misleading the Court in a disability pension case.

A petition filed by a boarded out disabled personnel, Sukhjinder Singh, was allowed by a Single Bench of the Hon’ble High Court which directed the release of disability pension to him.

The Union of India, as expected, however filed a Letter Patents Appeal (LPA) before a Division Bench challenging the order of the Single Bench and also alleging on affidavit that the Invaliding Medical Board had declared the disability ‘neither attributable to, nor aggravated by military service’. A copy of the board was however not produced before the Court.

The Division Bench asked the Union of India to produce before it a copy of the Medical Board which was done on the next date of hearing and which consequently left the Court aghast. The Medical Board had in fact clearly declared the disability as ‘aggravated by physical stress and strain of service’.

Clearly perturbed by the conduct, following are the excerpts of the order finally passed by the Hon’ble Court :

"...The aforesaid record now produced before us would show that on the first date of hearing while obtaining notice of motion, there was active concealment and even misrepresentation of facts from the Bench..."

"...Having heard the learned counsel for the parties and perusing the original record, we are amazed at the conduct of the appellant and its Officers. The instant appeal has been filed through the Secretary, Government of India, Ministry of Defence, South Block, New Delhi; Chief of the Army Staff, Army Headquarters, New Delhi; the Principal Controller of Defence Accounts (Pension) Draupadi Ghat, Allahabad(UP) and couple of other Officers. A perusal of ground No. 7 of the appeal shows that a false plea has been set out which is simply against the record. In para 13 of the original proceedings of the Medical Board, it has been categorically found that the disease of 'Manic Episode F 30' is aggravated by military service whereas the proceedings of the Medical Board have been misquoted in para 7 of the grounds of appeal to say that the Medical Board had opined that the disease Manic Episode F 30 is not aggravated by military service..."

"...It is well settled principle of law applicable to equitable jurisdiction that when the facts are actively concealed or there is a misrepresentation then the party seeking to hear the appeal becomes disentitled to it. Such a conduct has been repeatedly condemned by the Courts. In the case of a private citizen filing a writ petition, a Full Bench of this Court in Chiranji Lal and others v. Financial Commissioner, Haryana and others 1978 PLR 582 has held that when there has been a mala fide and calculated suppression of material facts which if disclosed would have disentitled such a party to the extraordinary remedy under the writ jurisdiction or in any case would have materially affected the merits on the interim as well as ultimate relief claimed then such a party by their own conduct would forfeit the right of relief which they seek to claim. When such a conduct is adopted by the Central Body and its Officers, as is evident from ground No.7 of the Memorandum of Appeal, it assumes further seriousness. The Public Authority always file pleadings after due verification of the record. However, in the present appeal all that has been completely forgotten. Therefore, the appeal is liable to be dismissed with heavy costs..."

"...There is another aspect of the matter because the instant appeal is an illustration of frivolous litigation initiated at the instance of Union of India and its Officers. The appellant-Union of India has framed the National Litigation Policy which has been reported as (2010) 6 SCC J-17. The aforesaid policy has been completely overlooked by the appellants..."

"...Accordingly we find that the appeal is frivolous and a misuse of the process of the Court. In view of the aforesaid, the appeal is dismissed with costs of Rs.50,000/-. The costs shall be paid to the writ petitioner-respondent by the Union of India but the same shall be recovered from the Officer or Officers, who pleaded a false ground after holding an enquiry and fixing the responsibility..."

Courtesy: Maj. Navdeep Singh.

Army Hqs. instructs to stop the usage of Term 'PBOR'. Veteran Prabhjot Singh Chhatwal PLS (Retd.)

Tele: 2301 8051
Dte Gen of Staff Duties
General Staff Branch
Integrated HQ of MoD(Army)
South Block
New Delhi - 110 011

13048/SD-1B 23 Dec, 2010

Headquarters
Southern Comd (GS/SD)
Eastern Comd (GS/SD)
Western Comd (GS/SD)
Central Comd (GS/SD)
Northern Comd (GS/SD)
ARTRAC (GS)
Southern Western Comd (GS/SD)

USAGE OF TERM 'PBOR'

1. The abvn/acronym 'PBOR' does not exist in the 'Staff Duties in Fd Appx 'C' - Abbreviation 2006'. However, over a period of time incorrect usage of this term PBOR has become a practice. It is seen and reported by a Comd HQ that the acroym 'PBOR' is being wrongly used in respect of 'JCOs and OR'.

2. The issue has been considered at the IHQ of MoD(Army). It has been decided that the acronym 'PBOR' will not be used, instead 'JCOs and ORs' is to be used in all the letters/comns.

3. The above instr may be disseminated to the envt for compliance.

Sd/-
(S Sharma)
Lt Col
Offg Dir SD-1
for DCOAS (IS&T)

Copy to :-
All Branches of IHQ of MoD(Army)
All Dtes of GS Branch

Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS- Veteran Prabhjot Singh Chhatwal

Friday, May 28, 2010
Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS

N0.4/25/2008- P&PW (D )GOVERNMENT OF INDIAMINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS(DEPARTMENT OF PENSION & PENSIONERS/ WELFARE)

3rd Floor, Lok Nayak Bhawan, Khan Market,New Delhi-110 003, Dated the 26 May 2010.

OFFICE MEMORANDUM

Subject: Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS.The undersigned is directed to say that in pursuance of Government's decision on the recommendations of Fifth Central Pay Commission, the Govt. had issued instruction vide this Department's O.M. No.45/57/97-P&PW(C) dated 19.12.97 for grant of Fixed Medical Allowance @ Rs.100/- per month to the Central Government pensioners/family pensioners residing in areas not covered under Central Government Health Scheme administered by the Ministry of Health & Family Welfare and corresponding health schemes administered by other Ministries/Departments for their retired employees for meeting expenditure on their day-to-day medical expenses that do not require hospitalization. Further clarifications were issued vide this Department's O.M. Nos. 45/57/97-P&PW(C) dated 24.8.98, 30.12.98 and 18.8.99.2. The demand for enhancement of FMA has been under consideration of the Government for some time past. Sanction of the President is hereby conveyed for enhancement of the amount of FMA from Rs.100/- to Rs.300/- per month. The other conditions for grant of FMA shall continue to be in force.3. These orders will take effect from 01.09.2008.4. These orders are issued with the concurrence of the Ministry of Finance (Deptt. of Expenditure) vide their I.D. Note No 347/E.V/2010 dated 14.5.2010 and in consultation with the Comptroller and Auditor General of India vide their UO No. 36-Audit (Rules)/28-2-9 dated 26.5.2010.6. Hindi version will follow.

(Rajsingh)Director