S.B.CIVIL WRIT PETITION NO. 412/2008 Mal Singh Rathore Vs Union of India & Ors. Date of Order :: 3.12.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mrs Nupur Bhati, 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 proposed order of discharge made by placing in medical category lower than Shape -1. The proposed discharge aforesaid though was sought to be 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 proposed discharge of the petitioner as per letter Annexure/3 No.2621/11MI/07/RA-1 from Maj Senior Record Officer for OIC Records, 11 MECH INF is declared illegal. Accordingly, this petition for writ is allowed and the respondents are directed not to issue discharge order in relation to the petitioner as per the communication aforesaid. (GOVIND MATHUR), J. Jgoyal '