NARENDER SINGH Vs. UNION OF INDIA REPRESENTED BY THE SECRETARY

JUDGEMENT

(1.) Heard Mr. R Jha, learned counsel appearing for the petitioner and Mr. SC Shyam, learned senior counsel assisted by Mr. B Deb, learned counsel for the respondents.

(2.) Only the fact sufficient for deciding the writ petition is briefly noted. The petitioner was enrolled as a recruit in Assam Rifles on 10.10.1994 as Rifleman General Duty. It is an admitted case of both the parties that the Rifleman General Duty means Rifleman who is discharging combative duties. In other words, the petitioner had been recruited as a Rifleman for discharging combative duties and also the petitioner is not a Rifleman discharging clerical job. By this writ petition, the petitioner is assailing the order of the Commanding Officer dated 28.04.2004 for discharging the petitioner from service on medical grounds. The grounds for discharging the petitioner from service read as "Discharge/release from service on medical grounds". It is the case of the petitioner that the procedure prescribed for discharging the Rifleman from service on medical grounds is not followed in issuing the discharge order dated 28.04.2004 by the Commanding Officer. It is admitted by both the parties that there is a Rule "Assam Rifles Medical Examination (Categorization and Invalidation) Rules, 1988 (for short "the Rules of 1988") which had been followed by the Assam Rifles authority in discharging the Rifleman (General Duty) from service on medical grounds. It will be profitable to quote the relevant Rules of the said Rules i.e. the Rules of 1988.

(3.) The inter-alia grounds for challenging discharge order dated 28.04.2004 are that:-