In a first of its kind case, a retired Major General of the Indian Army was found guilty of falsifying medical records to earn disability pension and was sentenced to loss of 10 years service for pension. Major General Debasish Roy (Retd), who is the former head of the Army Education Corps (AEC), retired as Additional Director General (AEC) during the pendency of the disciplinary action being taken against him.
The officer, who faced a General Court Martial (CGM), was booked under four charges of the Army Act which includes two each under Section 57(a) (Falsifying official documents and false declarations) and Section 63 (Violation of Good Order and Military Discipline). He was found guilty on all counts.
The General, prior to his retirement on August 31, 2017 underwent a Release Medical Board (RMB), which every officer has to go through, mentioning seven medical disabilities/injuries. The General claimed that he had been suffering from them since April 2010 when he was posted at Chandimamdir, adding that he had been under treatment for the last 88 months.
The release medical board assessed his composite disability to 70 per cent for life and forwarded it to the Army HQs for adjudication and final approval. During scrutiny, it was found that the General had indulged in false declaration before his medical board. Upon investigation of records, it was found that the officer, as Colonel had met with a road accident in April 2010 sustaining three fractures. Thereafter, he was treated at Chandimandir Command Hospital and was medically downgraded
With such medical down gradation, the officer could not have been promoted to the next rank. Therefore, he got himself declared medically fit in November 2010 by stating that he had fully recovered. He was then promoted to the rank of Brigadier. In 2015, however, the officer again got himself medically downgraded to avail benefits of disability pension. Later, when he saw chances of being promoted to the rank of Major General, he once again got himself declared medically fit for the same injuries.
The officer remained at the post of Major General for two years as Head of Army Education Corps posted in the Army HQ. At the time of retirement, he got himself medically downgraded to finally get the disability pension.
A detailed scrutiny of medical records established that the accused officer had been making misleading and false declarations of his medical history to obtained undue advantages in terms of promotion and disability pension since 2015.
The matter was first investigated by a Court of Inquiry (CoI) and then Summary of evidence was recorded and charges framed. The General was ordered to be tried by GCM and attached to Delhi Area for trial.