SANTOSH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the petitioner is praying for quashing the discharge order dated 25.02.2005 passed by the respondent No.5 i.e. the Commandant, H.Q. 34th

(2.) Heard Mr. R Jha, learned counsel appearing for the petitioner and Mr. SC Shyam, learned senior counsel assisted by Mr. B Deb, learned counsel .for the respondents.

(3.) Factual Matrix: The petitioner was enrolled as a recruit in Assam Rifles on 10.12.1995 as a Rifleman General Duty after proper verification of his medical and physical fitness and upon completion of the training, he was posted to 2nd Assam Rifles as his parent unit. Upon raising of the new unit i.e. 34th Assam Rifles, the petitioner was posted to 34th Assam Rifles as a parent unit. In recognition of his service based on performances and dedications, the petitioner had been awarded with medals such as SAMAYA SEVA MEDAL & SWATANTRATA KI SWARN JAYANTI PADAK and other citations. To the utter shock and dismay to the petitioner, he was discharged from service on 01.03.2005 by the respondent No.5 on medical ground by the impugned order dated 25.02.2005. The reason for discharging the petitioner from service is for medical category i.e. Med. Cat CEE (P) S-3 Medical Board out discharge from service.