JUDGMENT: D.K. JAIN, J.:

1. Leave granted in SLP (C) No. 6037 of 2007.

2. This appeal raises a short question whether the holding of an "Invalidating Board" is a condition precedent for discharge of a Junior Commissioned Officer (JCO) on account of low medical category?

3. For the determination of the issue aforesaid, it is unnecessary to delve deeply into the facts of the case and only a few material facts would suffice. These are: The respondent, a Junior Commissioned Officer (JCO) was enrolled in the Army on 9th March, 1980. While serving 20 JAT Regiment, on 31st July, 2000, he fell ill; was admitted to the military hospital and was discharged after treatment on 7th November, 2000, but was placed in low medical category S1H1A1P2E1 with effect from 6th November, 2000 for six months. On account of disability, namely, Ischaemic heart disease, again in May, 2001, he was continued in low medical category for another six months. Later, he was brought for review and was then placed in low medical category (permanent) for a period of two years from October, 2001.

4. However, before the expiry of the said period of two years, a show cause notice was served on the respondent on 27th Febru