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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
Important Points
Subject
Service Law - Medical Invalidation
Headnote
For the Appellants/Petitioners: V Kumar, B Pathak, M Tiwari
For the Respondents: Dy.S.G.I., M R Adhikari
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.
