JAGJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Borgohain, learned counsel for the petitioner as well as Mr. S.C. Keyal, learned Assistant Solicitor General of India representing all the respondents.

(2.) At the relevant time, the petitioner was working as Rifleman Operator Radio and posted at 44, Assam Rifles, Guwahati. He is aggrieved of the order of discharge dated 30.06.2011, so issued on medical grounds. The gangplank of the petitioner 's case is that the Discharge Order is not sustainable in law as the same had been rendered without following the procedure prescribed under Rule 26 of the Assam Rifles Rules, 2010. According to the petitioner, on 24.07.2010, a letter was issued on behalf of the Commandant, 44, Assam Rifles recommending the petitioner 's invalidation from service for Alcoholic Dependence Syndrome and having been placed in Medical Category S-5, as per opinion of the Psychiatrist of the Composite Hospital, CRPF, Guwahati. About a year later, the impugned Discharge Order was issued. A representation came to be preferred by the petitioner on 26.09.2011 before the Director General, Assam Rifles with prayer for reinstatement in service. Ground urged in the said representation was that he had been discharged from service on medical ground without any opportunity of hearing being afforded. Along with the said representation, a Medical Report issued from the Amritsar District Hospital certifying his fitness was also enclosed. The said representation was rejected by the authority concerned on 02.12.2011.

(3.) Ms. D. Borgohain, learned counsel for the petitioner submits that the entire procedure culminating in the discharge of the petitioner on medical grounds did not conform to the procedure laid down in Rule 26 of the Assam Rifles Rules, 2010. It is submitted that the petitioner was not made to appear before a Medical Board nor he was informed of a Medical Board being constituted nor any report thereof was communicated to the petitioner. For a better appreciation of the aforesaid Rule 26, the same is reproduced hereunder: