Ability of Officer in Defence Forces to discharge duties was clearly impaired by his physical condition

Judicial review – lieutenant in the Defence Forces challenging the decision of the failed a fitness test – failed to bring his body mass index to the standard required - recommended that the applicant face a Medical Board – found to be below standard - representations against the determination of the Medical Board – no legal or medical representations made - sought 7 months to lose weight – determination upheld - Defence Forces Regulations - medical examination and grading - sought an opinion from the Commissioned Officers Management Organisation on the proposed course of action – appeal at every stage – lost weight - reached the standard required – recommended that as he had demonstrated sufficient progress to be afforded the opportunity to continue his career in the Defence Forces – further report – also recommended that the applicant should be allowed to continue in service General refused the application - not satisfied that there is sufficient non-medical evidence or exceptional circumstances to quash the decisions -recommendation for his retirement – solicitor’s correspondence - lodged comprehensive submissions – asked no decision should be made until such time as all documentation requested was made available – recommended for retirement – factors taken into consideration – obtained leave to judicially review – medical reports - reliefs sought – grounds – submissions to chief of staff- statement of opposition – affidavits – failure to give adequate reasons - rigid and unbending policy - no clinical examination – failure to furnish him with the requested documentation – failed to have proper regard to his submissions – breach of right to fair procedures - proceedings did not seek to overturn the decision of the Medical Board - procedures adopted by the respondent were puzzling - condition was such that it had to some extent at least impaired his ability to discharge his duties in the Defence Forces - failure to comply with this instruction is not of sufficient significance to alter the outcome of these proceedings because of the knowledge that the applicant at all times had as to the significance of his weight and BMI for his future in the Defence Forces -no general entitlement under the rules of natural justice to access the entire file of the decision maker.