Supreme Court of India
Ex-sepoy (washerman) Ram Khilawan v. Union of India & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the discharge of the appellant's spouse without convening an Invalidation Medical Board suffers from an illegality.
Judgment, page 8
From the headnote
Service Law: Discharge from service - On medical grounds - Without subjecting the appellant/employee to the Invalidating Medical Board as per the procedure laid down under Army Rules - Propriety of - Held: Discharge of the appellant was only under sub-clause (iii) r.13(3)(III) and not under sub-clause (v) of r.13(3)(III) of Army Rules - Therefore, he could not be invalidated out of service without the recommendation of the Invalidating Board and hence discharge is not sustainable - In terms of General Principles of Army Order 46 of 1980, he is entitled to be retained in service for 10 years…
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