MUKESH CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) . Petitioner is challenging his order of discharge and wants to be reinstated in service. He was enrolled as Paratrooper in the Parachute Regiment on 15.3.1987. He suffered some disability thereafter and was placed in medical category "BEE(P)". While he was expecting his upgradation to category. A(Aye), he received a show cause notice proposing his termination from service in view of his low medical category BEE(P). He was eventually discharged and his discharge certificate indicated that it was done under AR 13(iii)(v).

(2.) Petitioner's case is that his discharge emanated from malafide considerations as his Commanding Officer Col.S.S.Randhawa harboured bias and grudge against him. It was also discriminatory because other personnel with low medical category were retained while he was discharged, so much so his status was not even shown as 'ex-serviceman' in the discharge certificate. He lastly asserts that both his show cause notice and order of discharge were incompetent as his Commanding Officer was not empowered to do it under AR 13(iii)(v).

(3.) All this is refuted by respondents in their counter. It is explained by them that petitioner was placed in BEE(P) on 23.7.1992 and was directed for the next Medical Board on 23.7.1994. On completion of his second review in BEE(P), he was again placed in the same category for two years. It is denied that his ex-commanding officer Col.Randhawa had anything to do with his discharge. On the contrary, it was under the instructions of the Army Headquarters that review of lower madical category personnel was undertaken and he was one of them. He also failed to reply to the show cause notice and that is how his Release Medical Board was approved on 28.6.1995 resulting in his discharge from service from 31.10.1995 whereafter he was offered a sheltered appointment.