JUDGEMENT
HEMANT GUPTA,J. -
(1.) Delay condoned. Appeals admitted.
(2.) The challenge in the present appeals is to orders passed by the Armed Forces Tribunal (Tribunal), Regional Bench, Lucknow on October 21, 2011, May 28, 2013 and June 30, 2014 whereby, challenge to the discharge of the appellant from service on August 31, 1993 remained unsuccessful.
(3.) The appellant was enrolled in the Army as a Washerman on October 23, 1987. He was discharged from service on medical grounds on August 31, 1993 due to "CNS (IN) Seizure" when he was put in Low Medical Category BEE on August 27, 1992. Appellant, aggrieved against the discharge, submitted statutory complaint on August 11, 2007 wherein, the stand of the appellant was that no show-cause notice was given to him by the Commanding Officer who sanctioned discharge under Rule 13(3) Item III (v) of the Army Rules, 1954 (Rules). Such statutory complaint was declined on October 12, 2007, inter alia, on the ground that though the appellant has given his option to serve in the sheltered appointment but no sheltered appointment was available commensurate with the trade to suitably employ in the public interest. Therefore, he was discharged under the provisions of Army Order 46 of 1980 read with Rule 13(3) Item III(v) of the Rules.;
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