CWP No. 18524 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CWP No. 18524 of 2007 (O & M) Date of decision: December 12, 2008 Subedar Chaman Singh --- Petitioner Versus Union of India & others ---- Respondents CORAM: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present: Mr. GS Sandhawalia, Advocate, for the petitioner. Ms. Geeta Singhwal, Central Govt. Standing Counsel for Union of India/respondents. Ashutosh Mohunta, J (Oral). CM No. 24250 of 2008 The petitioner has filed this application for listing this case as the same is covered by the decision of Hon'ble Apex Court in Civil Appeal No. 6587 of 2008 ( arising out of S.L.P.(C) 6037 of 2007). CM is allowed. The case is taken up for hearing. CWP No. 18524 of 2007 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 submit that the question CWP No. 18524 of 2007 2 whether it was 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 all 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. Copy of the order be given dasti on payment of usual charges. [Ashutosh Mohunta] Judge [Rajan Gupta] Judge December 12, 2008 `ask'