NB SUB RAJ PAL SINGH Vs. UOI

JUDGEMENT

(1.) This petition shall determine whether the discharge of the petitioner, a JCO, without the recommendation of Invalidating Board was valid and in consonance with the relevant Army Rules, 1954 and Army Orders.

(2.) The brief facts to appreciate the controversy are that the petitioner was enrolled in the Army on 9th March, 1980 and was posted to 12 JAT Regiment initially and from 11th February, 1985 to 20 JAT Regiment. On 31st July, 2000, while serving the 20 JAT at around 0400 hours, he felt pain all over his chest, both the shoulders and arms and was admitted to Military Hospital and after treatment discharged on 7th November, 2000 and placed in low medical category S1H1P2E1 with effect from 6th November, 2000 for six months. On account of disability, Ischaemic heart disease (ANTERO SEPTEL Ml), he continued in a low medical category with effect from 6th May, 2001 and thereafter on review he was placed in the permanent low medical category fortwo years with effect from 24th October, 2001.

(3.) The petitioner contended that before the expiry of two years period for which he was placed in permanent low medical category, the petitioner was served with a show-cause notice from his CO on 27th February, 2002 stating that since he was placed in permanent low medical category, therefore, why should he not be discharged from services as no sheltered appointment was available and the Unit was deployed in a field area. The show-cause notice given to the petitioner was cryptic and is extracted as under: