Supreme Court of India

Ex-sepoy (washerman) Ram Khilawan v. Union of India & Ors.

Neutral citation
Reported as [2019] 11 S.C.R. 1066
Bench L. Nageswara Rao and Hemant Gupta JJ.
Decided 2 September 2019

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 w ithout convening an Invalidation Medical Board suffers fro m an illegality.

Judgment, page 8

From the headnote

Service Law: Discharge from service - On medical grounds - Witho ut subjecting the appellant/employee to the Invalidati ng Medical Board as per the procedure laid down under Army Rules - Propri ety 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)(II I) of Army Rules - Therefore, he could not be invalidated out of serv ice without the recommendation of the Invalidating Board and hence discharge is not sustainable - In terms of General Principles of rmy Order 46 of 1980, he is entitled to be retained in service f or 10

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