CWP No.7743 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.7743 of 2008 (O&M) DATE OF DECISION: December 19, 2008 EX NAIB SUBEDAR RANJIT SINGH ...PETITIONER VERSUS UNION OF INDIA & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE RAJAN GUPTA. PRESENT: MR. RAJEEV ANAND, ADVOCATE FOR THE PETITIONER. MS. AMANPREET KAUR SANDHU, CENTRAL GOVT. STANDING COUNSEL FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) C.M. No.23778 of 2008 The petitioner has filed this application for listing the case for an actual date as the matter is squarely covered by the decision of the Apex Court passed in SLP No.6037 of 2007 (Annexure A-1). For the reasons mentioned in the application we list the case for today. Main case The only question involved is whether the holding of Invaliding Medical Board is the condition precedent for discharge of personnel below officer rank (PBOR) on account of low medical category? The petitioner who was admittedly personnel below Officer rank was discharged from Army service without holding of Invaliding Board. Counsel for the Union of India does not dispute this factual position. Counsel for the petitioner submits that the question whether it was CWP No.7743 of 2008 (O&M) -2- mandatory for the respondents to hold Invaliding Board before discharging the personnel below officer rank, came up for consideration before the Hon'ble Apex Court in Civil Appeal No. 6587 of 2008 ( arising out of S.L.P.(C) 6037 of 2007) titled Union of India & others Vs. Rajpal Singh, wherein while upholding the judgment of Delhi High Court, it was held as under: “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 I (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.” In view of the above, it is held that the discharge of the petitioner was not in accordance with the prescribed procedure. Accordingly, we allow this writ petition, set aside the discharge of the petitioner and direct the respondents to re-instate him in service with all consequential benefits. The respondents are, however, not precluded from holding the Invaliding Medical Boards after such joining in accordance with law as per the Army Act, 1950, The Army Rules, 1954 and Army Instructions. (ASHUTOSH MOHUNTA) JUDGE December 19, 2008 (RAJAN GUPTA) Gulati JUDGE