SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Gau) 11121

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Soumitra Saikia, J
G/5021455W RIFLEMAN/ GD MILAN SUNAR – Appellant
Versus
THE UNION OF INDIA AND 2 ORS – Respondent
WP(C)/2526/2026



Advocates:
For the Appellants/Petitioners: V Kumar, B Pathak, M Tiwari
For the Respondents: Dy.S.G.I., M R Adhikari

The court is examining the validity of a medical invalidation discharge order where the petitioner alleges a failure to follow mandatory review procedures and the disregard of a medical fitness report.

Headnote:The petitioner challenged a discharge order dated 30.03.2026, whereby he was medically invalidated out of service. It is contended that the prescribed procedure for review before final discharge was not followed, and a medical report from a medical college indicating fitness to be retained in service was ignored by the authorities. The primary issue is whether the petitioner was entitled to a medical review and whether the failure to consider a fitness report from a medical college renders the discharge order invalid. The court noted the submissions regarding the lack of a review process. Issue Notice, returnable by 4 (four) weeks.

ORDER

Heard Mr. B Pathak, learned counsel for the petitioner.

The petitioner is aggrieved by the discharge order dated 30.03.2026, whereby the petitioner was medically invalidated out of service. Learned counsel for the petitioner submits that as per the procedure prescribed the petitioner is ought to be reviewed before the petitioner is finally discharged/released from the service. The petitioner was also presented himself before the Assam Medical College and Hospital where the petitioner was found to be fit to be retained in service. The petitioner had submitted a medical report from the Assam Medical College and Hospital before the authority, which, however, was not taken into account and no review was held. Being aggrieved, he has filed the present writ petition.

Considering the submissions made, Issue Notice, returnable by 4 (four) weeks.

Since Mr. MR. Adhikari, learned CGC appears and accepts notice on behalf of all the respondents, notices are waived. However, extra copies be furnished to her within 1 (one) week from today.

Respondents will make an endeavour to file their objection, if any.

List the matter after 4 (four) weeks.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top