A Letters Patent appeal was dismissed against a Single Judge's order directing an appellant to release disability pension. The court held there are no grounds to admit the appeal as the lower court correctly relied on relevant precedent.
The appeal fails and is dismissed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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LPA No. 773 of 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No. 773 of 2010 Date of Decision 15.07.2010
Union of India and others
-----Appellants
Versus
Ex. Sep. Kulwinder Singh ---Respondent
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL
Present: None.
M.M. Kumar, J.
The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 24.09.2009 passed by the learned Single Judge in C.W.P. No. 9971 of 2006. The learned Single Judge has recorded categorical finding that the writ petitionerrespondents was discharged from army service on the ground that the Invalidating Medical Board recommended him to be invalidated on the ground of his lower medical category, CEE (Permanent). The stand of the appellant is that he was discharged from service on the basis of the disciplinary action, has been found to be without any substance.
The learned Single Judge has found that the matter is covered by a Division Bench of this Court rendered in the case of Ex.
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LPA No. 773 of 2010
Subedar Major (Hony Captain) Baldev Singh v. Union of India
and others (C.W.P. No. 9467 of 1997) decided on 17.07.2000. Applying the ratio of the judgment, the learned Single Judge has directed the appellant to release the disability pension within a period of three months, failing which writ petitioner-respondents would become entitled to interest at the rate of 6% per annum.
There is, thus, no ground to admit the appeal.
Accordingly, the appeal fails and the same is dismissed.
(M.M. KUMAR) JUDGE
(A.N. JINDAL) JUDGE
July 15, 2010 Atul
3 issues framed by the court
Whether the appeal filed under the Letters Patent against the Single Judge's judgment should be admitted.
Whether the appellant's stand regarding disciplinary action invalidating the medical discharge finding holds merit.
Whether the Single Judge's application of precedent requires setting aside the earlier order.
Colour shows how this judgement treated each authority
Ex. Subedar Major (Hony Captain) Baldev Singh v. Union of India and othersReferred¶15
Ex. Subedar Major (Hony Captain) Baldev Singh v. Union of India and others (C.W.P. No. 9467 of 1997)
Union of India and others
Kulwinder Singh
M.M. KUMAR
A.N. JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
