O.A. No. 2000 of 2012. Case: Kuldip Singh Vs Union of India. Armed Forces Tribunal
| Case Number | O.A. No. 2000 of 2012 |
| Counsel | For Appellant: Mr. Rajeev Anand, Advocate and For Respondents: Mr. Suveer Sheokand, CGC |
| Judges | Prakash Kirshna, J. (Member (J)) and Lt. Gen. (Retd.) N.S. Brar, Member (Ad.) |
| Issue | Army Act, 1950 - Section 191 |
| Judgement Date | February 27, 2014 |
| Court | Armed Forces Tribunal |
Order:
(Regional Bench At Chandimandir)
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This petition seeks setting aside of the order dated 11.01.2012 (Annexure A8) by which the discharge of the petitioner from service was ordered, being permanent low medical category.
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The petitioner was enrolled in the Army on 28.11.2000 and in the year 2009, being unwell, he was put under medical treatment and was thereafter placed in low medical category with certain employment restrictions. The petitioner remained on preventive medication and was diagnosed as a case of 'Moderate Depressive Episode' and placed in Low Medical Category (Temporary) and in Permanent Low Medical Category on 13.09.2011. (Annexure A4).
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The petitioner was issued a show cause notice dated 27.09.2011 (Annexure A5) for discharge for being in permanent low medical category. This was replied vide letter dated 27.09.2011 (Annexure A6) wherein it was stated that he was willing to continue in service. The Commanding Officer thereafter did not carry out any further action. However, on 11.01.2012 (Annexure A8), the discharge of the applicant was ordered under Army Rule 13(3) Item III(v) which is a residual provision dealing with any other class of discharge and was not applicable for discharge on medical ground.
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After receipt of discharge order, the report was forwarded by the Commanding Officer on 29.03.2012 (Annexure A9) wherein he recommended retention primarily to let the individual complete minimum pensionable service. He was thereafter brought before Release Medical Board on 24.04.2012 (Annexure A10).
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Then other grounds of irregularity are alleged related to the sequence of orders related to his discharge. The petitioner was discharged from service on 30.06.2012 (Annexure A12).
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With the above alleged facts, the discharge of the petitioner on medical grounds is said to be in contravention of the relevant Army Orders, Policy Instructions on management of low medical category personnel and Army Rule 13. Army Rule 13(3) Item III(v) does not deal with discharge on medical grounds nor has the same been amended through SRO 22 dated 13.05.2010 (Annexure A13). Order dated 11.01.2012 (Annexure A8) by which the discharge of the petitioner from service was ordered is thus sought to be set aside.
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On notice, written statement has been filed by the respondents and it is stated that the petitioner was enrolled in the Army on 28.11.2000 and was found to be suffering from 'Moderate Depressive Episode' and after due diagnosis...
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