Subedar Anbumani vs The Union Of India & Ors on 2 December, 2008

                S.B.CIVIL WRIT PETITION NO. 1416/2008
      Subedar Anbumani          Vs      Union of India & Ors.


             Date of Order       ::            2.12.2008


                HON'BLE MR. JUSTICE GOVIND MATHUR

      Mr S.P. Sharma, for the petitioner/s.
      Mr V.K. Mathur, for the respondents.
                                ...


        By this petition for writ a challenge is given by the petitioner to

the order of discharge made by placing in medical category lower than

Shape -1. The discharge aforesaid though was made on the count of

medical unfitness but the respondents did not adhere the procedure

contemplated in clause 1(ii) of column 2 of the Table appended to Rule

13 of the Army Rules. Hon'ble Supreme Court while adjudicating the

same issue as involved in this petition for writ in the case of Union of

India and Ors. Vs. Rajpal Singh (Civil Appeal No.6587/2008) decided on

7.11.2008 held as follows:

              "In view of the foregoing interpretation of the
       relevant rule, we are in complete agreement with the
       High Court that where a JCO is sought to be discharged on
       the ground of medical unfitness for further service, his
       case has to be dealt with strictly in accordance with the
       procedure contemplated in Clause 1 (ii) in Column 2 of
       the Table appended to Rule 13. The Rule prescribes a
       particular procedure for discharge of a JCO on account of
       medical unfitness which must be followed and therefore,
       any order of discharge passed without subjecting him to
       invalidating Board would fall foul of the said statutory
       rule."
                                          ::   2 ::




                In view of the judgment aforesaid the discharge of the petitioner

          under the order impugned dated 3.10.2007 is bad.       Accordingly, this

          petition for writ is allowed. The impugned order dated 3.10.2007 stands

          quashed in the terms of the judgment referred above.

                                                          (GOVIND MATHUR), J.

Jgoyal’