SEPOY BIJENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) . The facts of this case are in narrow compass and mostly undisputed. The petitioner was enrolled in the Army on 3.3.1980 in the Regiment of Grenadiers. While performing his duties on 11.8.1995 and doing rocket launcher fire he suffered bleeding from both ears and he was admitted in Command Hospital at Lucknow. He was diagnosed as a case of blast injury of both ears. His medical examination was conducted and on 21.8.1995 he was placed in low medical category CEE (temporary) for a period of six months. Thereafter, however, his discharge from service on 31.3.1996 was sanctioned and on that date he was discharged from service. By that time he rendered 16 years service in the Army. The case of the petitioner is that as per the policy in the Army, the Release Medical Board proceedings are not provided to the individuals. He was released on the basis of Release Medical Board and discharge certificate of the petitioner was prepared in accordance with provisions of Section 23 of the Army Act read with Rule 12 of the Army Rules.

(2.) However, on 13.11.99 the petitioner was re-enrolled in Defence Service Corps (i.e. DSC) after he was medically examined and was found fit in medical category "AYE'. At that time his age was 38 years. Retirement age of DSC personnel is 55 years. Therefore, the petitioner was expecting that he would be retired only after he attains the age of 55 years. To his dismay, however, on 17.5.2000 a show cause notice was served for discharge under Army Rule 13 (3), Item-III (V). In this show cause notice it was, inter alia, stated:

(3.) Army Rule 13 which relates to 'Authorities empowered to authorise discharge' sub-rule (3), item-III(V) is in the following term: <FRM>JUDGEMENT_407_ILRDLH11_2003Html1.htm</FRM>