SUBEDAR MANJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in the present writ petition is to an order passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 06.09.2011 whereby the challenge to the order of discharge of the petitioner remained unsuccessful.

(2.) THE petitioner was enrolled in Sikh Regiment of Indian Army on 05.02.1985. While deputed in CI Operation (O.P. Rhino), the petitioner suffered a knee injury when he slipped from a stone at night. The petitioner was put in Permanent Low Medical Category w.e.f. 20.11.2010. It was on 09.03.2011, the petitioner was ordered to be discharged being in Permanent Low Medical Category. The order of discharge reads as under: -

(3.) WE have heard learned counsel for the parties and find that the order of discharge suffers from patent illegality. The petitioner even if he was in Permanent Low Medical Category cannot be discharged without submitting him to the Release Medical Board. A perusal of the discharge order reproduced above shows that decision was taken to discharge w.e.f. 30.06.2011 under Army Rule 13(3), item I (ii) (a) (i). He was brought before Release Medical Board on 09.05.2011 wherein the injury was found to be attributable to service but also that the injury not connected with service.