IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT : PRESENT : THE HON’BLE SRI JUSTICE: L.NARASIMHA REDDY WRIT PETITION No. 2835 of 2008 Between: Ram Narayan Singh (JC-727328X NAIB SUBEDAR), Presently posted to and R/o. Administrative Battalion AOC Centre, Secunderabad (AP). ..... Petitioner AND 1. The Union of India, rep. by the Secretary, Ministry of Defence, Government of India, New Delhi – 11. 2. The Chief of Army Staff, Army Headquarters, Integrated Headquarters, Ministry of Defence, Government of India, New Delhi – 11. 3. The Officer In-Charge, AOC Records, Secunderabad (AP) 4. The Officer Commanding Adm Battalion, HQ AOC Centre, Secunderabad (AP). Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a direction, orders or a writ, more appropriately one in the nature of a WRIT OF MANDAMUS directing/declaring the action of the respondents herein. “ Declare the action of the 3rd Respondent herein in ordering discharge of the petitioner herein from service – on and w.e.f. 31-03-2008 (A/N) – vide impugned proceedings No. 30004/D-2/Imc/Mar-2008/CA-4/DO-09 dated. 01-11-2007 Appendix at Sl.No 21(so far as it relates to petitioner herein) as being violative of petitioner’s statutory right to serve up to 31- 10-2012 (till completion of 28 years of service) as well as his Fundamental Right guaranteed under Articles 14, 16 and 21 of the Constitution of India and therefore ULTRA VIRES”. The Petition coming on for admission upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri Vishal Saxena, Advocate for the Petitioner and of Addl. S.C. for CG on behalf of the Respondents. The Court made the following ORDER: “ Learned Additional Standing Counsel, on instructions, submits that the Release Medical Board, which is functioning at Military Hospital, Secunderabad, is discharging the functions of Invalidation Medical Board also. The impugned order itself directed that the petitioner be sent to the Board. For one reason or the other, the petitioner did not appear before the Board. Hence, the petitioner is directed to appear before the Release Medical Board, Military Hospital, Secunderabad. Post on 31-03-2008.” SD/- V.RAMA KRISHNA ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR ..2.. To 1. Ram Narayan Singh (JC-727328X NAIB SUBEDAR), Presently posted to and R/o. Administrative Battalion AOC Centre, Secunderabad (AP). (By Spl. Messenger with a direction to appear before the Release Medical Board, Military Hospital, Secunderabad) 2. The Secretary, Ministry of Defence, Union of India, Government of India, New Delhi – 11. 3. The Chief of Army Staff, Army Headquarters, Integrated Headquarters, Ministry of Defence, Government of India, New Delhi – 11. 4. The Office In-Charge, AOC Records, Secunderabad (AP) 5. The Officer Commanding Adm Battalion, HQ AOC Centre, Secunderabad (AP). 6. The Addl. S.C. for C.G., High Court of A.P., Hyderabad. (By Spl. Messenger) 7. One CC to Sri Vishal Saxena, Advocate(OPUC) 8. One spare copy. SAH HIGH COURT LNRJ DATED: 27-03-2008 NOTE: POST ON 31-03-2008 ORDER WP.NO. 2835 OF 2008 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 28-03-2008 HIGH COURT LNRJ DATED: 27-03-2008 NOTE: POST ON 31-03-2008 ORDER WP.NO. 2835 OF 2008 DIRECTION