Supreme Court Orders Indian Army to Compensate Ex-Havaldar Wrongfully Dismissed After Misdiagnosis
In a landmark decision, the Supreme Court of India has directed the Indian Army to pay a lump sum compensation of Rs. 50 lakh to an ex-havaldar who was wrongfully terminated from service due to a misdiagnosis of HIV infection. The judgment, delivered on March 20, comes as a significant relief to the ex-serviceman who suffered unjustly due to the erroneous medical report.
The case revolves around the wrongful diagnosis of the ex-army havaldar, leading to his dismissal from service. Despite not exhibiting any symptoms of HIV, he was wrongly diagnosed and subsequently discharged from the Indian Army. Justices Sanjiv Khanna and Dipankar Datta, presiding over the bench, found glaring defects in the Armed Forces Tribunal (AFT) ruling, which wrongly concluded that the ex-serviceman was HIV positive.
In their judgment, the justices emphasized the lack of evidence to support the diagnosis of HIV. They noted that the ex-havaldar had successfully responded to treatment administered by the Command Hospital at Pune in 2001. The AFT failed to consider this crucial aspect, leading to an erroneous conclusion.
Furthermore, the court criticized the respondents for their negligence and carelessness in handling the case. Despite being aware of the adverse impact on the appellant, the respondents failed to pro
vide adequate medical evidence to justify the diagnosis. The court rejected the respondents’ contention that the diagnosis was based on the best professional judgment of doctors in 2001, highlighting lapses on their part.
The judgment also addressed the denial of disability pension to the appellant, categorizing his condition as a self-inflicted AIDS condition. The court found this categorization arbitrary and noted that the appellant’s request for disability status was arbitrarily rejected.
Considering the mental agony, financial loss, and social stigma faced by the appellant, the court awarded a compensation of Rs. 50 lakh. This compensation covers wrongful termination of services, leave encashment dues, non-reimbursement of medical expenses, and the social stigma faced by the appellant.
Additionally, the appellant is entitled to pension as if he had continued in service and completed the required years of service.
The judgment serves as a reminder of the importance of accurate medical diagnosis and the need for accountability in cases of wrongful termination. It acknowledges the appellant’s suffering and seeks to provide some measure of restitution for the ordeal he endured.
Legal Representation: The appellant was represented by counsels Mr. Satya Mitra, Ms. Kawalpreet Kaur, and Mr. Nayab Gauhar, while the respondents were represented by a team of advocates.
Case Title: SATYANAND SINGH VS. UNION OF INDIA & ORS
