Army Rules : Release of Army Person on Medical Grounds
Release of Army persons have been prescribed in Army Rule. Army Rule 13(3) directs about the competent authority to sanction the discharge of PBOR and Army Rule 16 for Officers. In addition, following Army Rules have been formed by Govt of India in 1954 which is still effective and regulate the release of Army Personnel on Medical / other grounds.
Army Rule 15. Termination of service by the Central Government on grounds other than misconduct :-
(1) When the Chief of the Army Staff is satisfied that an officer is unfit to be retained in the service due to inefficiency, or physical disability, the officer-
(a) shall be so informed,
(b) shall be furnished with the particulars of all matters adverse to him, and
(c) shall be called upon to urge any reasons he may wish to put forward in favour of his retention in the service:
(2) In the event of the explanation being considered by the Chief of the Army Staff unsatisfactorily the matter shall be submitted to the Central Government for orders together with the officers explanation and the recommendation of the Chief of the Army Staff as to whether the officer should be-
(a) called upon to retire; or
(b) called upon to resign.
(3) The Central Government after considering the reports and the explanation, if any, of the officer and the recommendation of the Chief of the Army Staff, may call upon the officer to retire or resign, and on his refusing to do so, the officer may be compulsorily retired or removed from the service on pension or gratuity, if any, admissible to him.]
Army Rule 15A. Release on medical grounds :-
(1) An officer who is found by a Medical Board to be permanently unfit for any form of military service may be released from the service in accordance with the procedure laid down in this rule.
(2) The President of the Medical Board shall, immediately after the Medical Board has come to the conclusion that the officer is permanently unfit for any form of military service, issue a notice specifying the nature of the disease or disability he is suffering from and the finding of the Medical Board and also intimating him that in view of the finding he may be released from the service, every such notice shall also specify that the officer may, within fifteen days of the date of receipt of the notice, prefer a petition against the finding of the Medical Board to the Chief of the Army Staff through the President of the Medical Board: Provided that where in the opinion of the Medical Board the officer is suffering from a mental disease and it is either unsafe to communicate the nature of the disease or disability to the officer or the officer is unfit to look after his interests, the nature of the disease or disability shall be communicated to the offices next-of-kin who shall have the like right to petition.
(3) If no petition is preferred within the time specified in sub-rule (2), the officer may be released from the service by an order to that effect by the Chief of the Army Staff.
(4) If a petition is preferred within the time specified in sub-rule (2), it shall be forwarded to the Central Government together with the records thereof and the recommendation of the Chief of the
Army Staff. The Central Government may, after considering the petition and the recommendation of the Chief of the Army Staff, pass such order as it deems fit
Army Rule 16. Release :- A person subject to the Act may be released from the service in accordance with the Release Regulations for the army or in accordance with any other regulations, instructions or orders made in that behalf.