A division bench of the Gujarat High Court,comprising Justice R M Doshit and M D Shah,has issued notices to the Union Home Ministry and Chief of Army Staff on a petition filed by a junior commissioned officer (JCO) who was discharged on grounds of being medically unfit.
In the petition,senior advocate Yatin Oza,along with advocate Ashish B Desai,submitted that Rajeshkumar Pandey,serving as JCO was illegally discharged from service recently.
They contended that it was highly shocking that the officer was removed from duty after serving in the army for 23 years. They submitted that the officer who had passed the order of discharge had no authority to do so as per provision of the Army Act.
They said that Pandey was discharged on grounds of having flat foot,a condition he had since birth. They further argued that how could this condition affect his performance at present,when he has been successfully discharging his duties for the last two decades. They contended that it could not be termed as medical unfitness.
The next hearing in the case is scheduled for May 5.