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 '