Supreme Court · 2019 INSC 987 · Decided 2 September 2019
Ex-Sepoy (Washerman) Ram Khilawan v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 987 · [2019] 11 S.C.R. 1066
- Case number
- CIVIL APPEAL No. 6977/2019
- Decided
- 2 September 2019
- Bench
- L. NAGESWARA RAO, HEMANT GUPTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
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 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
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