EX. HAV. PRAKASH CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts which can be culled out from the pleadings of the parties are that the petitioner was enrolled in the Indian Army on 18.8.1975 as Sepoy. He was down graded to low medical category BEE (permanent) for diagnosis 'CVA Multiple infraction' with effect from 10.2.1993. As per the opinion of the Medical Board (Annexure R 9) the following observation has been made:

(2.) I have heard learned Counsel for the parties and have also gone through the record of the case carefully.

(3.) THE act of the respondents of putting the petitioner under Rule 13(3) Item III (iv) of the Army Rules, 1954 is not in accordance with law. The sole reason for discharge of the applicant was on medical grounds on the basis of medical opinion given by the Medical Board. He was to be placed under category 13(3) Item No. II (ii).