Supreme Court of India · 2008-11-07
UNION OF INDIA vs RAJPAL SINGH
- Citation / case number
- SC 2007/7288
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- RAJPAL SINGH
- Author
- D.K. JAIN
- Bench
- C.K. THAKKER,D.K. JAIN, , ,
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 of the respondent was invalid as it was executed without obtaining the necessary opinion from the Invalidating Board, thus violating the procedural requirements set forth in the Army Rules. Consequently, the Court quashed the discharge order and directed reinstatement of the respondent.