SUBEDAR SKT PUTTAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE common question which arises for consideration in this batch of petitions is as to whether an army personnel could have been discharged from service without holding the Invaliding Medical Board ("imb" for short ). A Division bench of this Court had held against the respondents against which the respondents preferred a Special Leave Petition. Since the Hon"ble Supreme Court was seized of the matter, it issued directions that this Court should stay its hand till the authoritative pronouncement of the Supreme Court is available on this aspect. We may also note that interim orders were granted by this Court, but the Supreme Court vacated the interim orders and in view thereof a general interim order was passed by this Court on 14. 05. 2008 keeping in mind the orders passed by the Supreme Court whereby the benefit of stay was restricted to the service personnel continuing in the accommodation provided by the Army.

(2.) THE Supreme Court has delivered a judgment in Civil Appeal No. 6587/2008 in union of India and Ors v. Rajpal Singh on 07. 11. 2008. The question which has been decided has been succinctly set out in para 2 of the Order itself as to whether the holding of an IMB is a condition precedent for discharge of a Junior commissioner Officer ("jco") on account of low medical category.

(3.) WE may add here that this principle would actually apply not only to the JCOs alone, but also to all the Personnel Below Officers Rank ("pbors" for short ). The conclusion of the Supreme Court is that the High Court was correct in holding that the PBORs could not be discharged from service without holding an imb.