- (1.) The present writ application has been filed challenging the order dated 23.08.2006, by virtue of which the discharge of the petitioner from service has been approved from Army Low Medical Category Personnel to be made effective from 31.01.2007 as also for a direction upon the respondents to superannuate the petitioner on the due date and not on 31.01.2007.
(2.) The brief facts leading to the present writ application is that the petitioner was posted as Naik CST No. 6929245A in 23 Infantry Division Ordinance Unit. The petitioner was treated for Bronchial Asthama and as per the opinion of the Classified Specialist Medicine and Chest Physician of Medical Hospital, Namkum dated 21.11.2005, it was indicated that Bronchial Asthama of the petitioner was under control and he was recommended to be put in Med Cat P2(P) and that the petitioner be excused from night duty in winter season. A show cause notice dated 7.7.2006 was issued by the Commanding Officer, wherein the petitioner was directed to show cause as to why he should not be discharged from service under the provisions of the Army Rule 13 (3) item iii(v) for being under Low Medical Category P-2(Permt.) Reply to the show cause duly followed on 11.07.2006, in which various grounds were taken by the petitioner and a request was made that the petitioner due to medical disability be exempted from standing duties and standing sentry duty. By virtue of the letter dated 23.08.2006, approval was given for discharge of the petitioner under the provisions of Army Rule 13(3)(iii)(v) and that the same shall take effect from 31.01.2007. The petitioner was sent for Invaliding Medical Board (IMB) but it was indicated in hospital discharge slip that since IMB is a right of medical authority, the petitioner was sent back to the unit. The petitioner being aggrieved by issuance of letter dated 23.08.2006, by which he was discharged from service has preferred the present writ application.
(3.) Heard Mr. S.K. Dwivedi, the learned counsel for the petitioner and Mr. Pratyush Kumar, the learned Central Government Standing Counsel.;