EX.SEPOY (WASHERMAN) RAM KHILAWAN V. UNION OF INDIA

SC-The Hon’ble SC allowed the Appeal in a case challenging the orders passed by the Armed Forces Tribunal regarding the discharge of the Appellant from service. It held that the discharge is covered by clause (iii) of Rule 13(3)(III) of the Army Rules, 1954, as the discharge of the appellant was only on the ground of his medical unfitness for further service, therefore, he could not be invalidated out of service without the recommendation of the Invalidating Board. Such discharge which was not under the residual clause (v) but under clause (iii) of Rule 13(3)(III) of the Rules and which was made without reference to Invalidating Medical Board, is not legally sustainable.-Hon'ble Justices L.Nageswara Rao and Hemant Gupta [02-09-2019]
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