OM PARKASH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THE controversy pertains to validity of the petitioner's order of discharge dated 30.08.2010 from the Territorial Army which has been upheld by the Armed Forces Tribunal, Chandigarh Regional Bench vide the impugned order dated 29.02.2012.

(2.) THE petitioner joined the Territorial Army as Sepoy on 16.03.1993. He was found to be suffering from 'Primary Hyper -tension' and was placed in low medical category [LMC P -3 (T -24)] on November 11, 2008 followed by next category (P -2) (P -24) on 27.04.2009. He was then served with a show cause notice dated 23.03.2010 as to why he be not discharged from service under Rule 14(b)(iii) of the Territorial Army Rules, 1948 (hereinafter referred to as 'TA Rules'), which provides that "every person enrolled shall, on becoming entitled to receive his discharge under the Act or these Rules, may be so discharged with all convenient speed, (b) any such person may be discharged as herein -after provided on any of the following grounds, namely.... (iii) that his services are no longer required, (iv) that he is medically unfit for further service". The petitioner gave his reply (which is not on record) and thereafter, the discharge order dated 30.08.2010 was passed.

(3.) THE Tribunal has upheld the petitioner's discharge rejecting his contention that such an order could not be passed on the ground of 'medical unfitness' without the recommendations of Invalidating Medical Board. According to the Tribunal, Army Order No.460 of 1973 does not contemplate any report from the Invalidating Medical Board for passing an order of discharge under Rule 14 (b) (iii) of TA Rules and that the aforesaid Army Order was not challenged by the petitioner.