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november 2008

Supreme Court of India · 2008-11-07

Union Of India & Ors vs Rajpal Singh

Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Rajpal Singh
Author
D.K. Jain
Bench
D.K. Jain, C. K. Thakker

Judgment text excerpt

The Supreme Court held that the discharge of a Junior Commissioned Officer (JCO) on account of low medical category requires the opinion of an 'Invalidating Board' as per Army Rule 13 (3) (I) (ii). The Court found that the discharge order issued by the Officer In-charge was contrary to the rules since the requisite opinion was not obtained, thereby establishing that the procedure mandated by the Army Rules must be followed. Consequently, the Court quashed the discharge order and reinstated the respondent.

Union Of India & Ors vs Rajpal Singh · Niyam