VISHAL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) By way of present appeal, the appellant is assailing order dated 16.1.2009 passed by learned Single Judge, thereby dismissing CWP No. 730 of 2009, challenging order dated 10.4.2003 (Annexure P-3) discharging the petitioner from service on the ground that he was unlikely to become an efficient soldier.

(2.) Brief facts of the present case are that petitioner was enrolled in the Punjab Regiment of the Indian Army during the month of August, 2001 and was directed to report to Punjab Regimental Centre at Ramgarh; petitioner reported as per the direction in January, 2002; petitioner completed six months training at the Centre; petitioner came back and started advance training on 13.7.2002, then on 19.8.2002, he suddenly fell ill and was hospitalised and diagnosed with Viral Hepatitis; petitioner remained hospitalised for three months and was down graded to Low Medical Category P-3(T-08) from 8.1.2003 to 12.3.2003; petitioner was directed on 4.3.2003 to report to the Regimental Centre and was again examined by the doctor for medical categorisation; petitioner was again examined on 11.3.2003 and was found fit and recommended to be upgraded to Medical Category SHAPE I. Respondent No. 3 issued show cause notice dated 19.3.2003 to the petitioner as to why he be not discharged from service as he missed training for 234 days; petitioner has submitted his reply to the show cause notice on 29.3.2003. However, he was suddenly ordered to be discharged on 10.4.2003 without apprising him of the reasons of his discharge; Order of discharge dated 10.4.2003 was made under Army Rule 13(3) item IV on medical ground. Petitioner challenged the order of discharge by way of the writ petition, which was dismissed vide impugned order by learned Single Judge.

(3.) We have heard learned counsel for the parties and perused the record.