As a corollary, in absence of reasons to reinforce the opinion that the disability is not attributable to the Army service or is not aggravated thereby, denial of the benefit of disability pension would be illegal and indefensible. The decisive determinant as per the relevant provisions of the Regulations, Rules and the General Principles, is the attributability of the disability involved or aggravation thereof to Army service. 4 Of the Prevention of Corruption Act had to be raised and that the presumption had not been rebutted by the appellant and accordingly convicted him under s.
A conjoint reading of these provisions, unassailably brings to the fore, a statutory presumption that a member of the service governed thereby is presumed to have been in sound medical condition at the entry, except as to the physical disability as recorded at that point of time and that if he is subsequently discharged from service on the ground of disability, any deterioration in his health has to be construed to be attachable to his service.
4 was ultra vires as it contravened Art. 4 could not be raised merely on proof of acceptance of money but it had further to be proved that the money was accepted as a bribe, (iii) and that even if the presumption arose it was rebutted when the appellant offered a reasonably probable explanation. The acknowledged primacy extended to the opinion of the Medical Board, and its views and recommendations thus assuredly would have to be subject to the hallowed objectives of the relevant provisions of the Rules, Regulations and the General Principles laden with the affirmative presumption in favour of the member of the service.
We think that there is no real difficulty with regard to the first two limitations. Even though the Wage Board came to the conclusion, as a result of its having collected the requisite data and gathered sufficient materials, after receiving the answers to the questionnaire and examining the witnesses, that certain wage structure was a proper one in its opinion, it was necessary for the Wage Board to communicate the proposals in that regard to the various newspaper establishments concerned -and invite them to make their -representations, if any, within a specified period.
The underlying ordainment of these salutary provisions is patently supportive of the inference that the disease/disability for which a member of a Army service is boarded out had been contracted by him during his tenure unless the same is displaced by cogent, coherent and persuasive reasons to be recorded by the Medical Board as contemplated. Following is the operative portion of the order passed by the Division Bench at Lucknow : Delhi Administration firstly, it is not within ken of the High advocates Supreme Court of India in writ jurisdiction to declare any property as unencumbered one.
In doing so we shall also consider what is the true scope and effect of the definition clause and what are the correct tests to be applied with regard to it. The bearing of the Army service as an aggravating factor qua even a dormant and elusive constitutional or genetic disability in all fact situations thus cannot be readily ruled out. Hence the predominant significance of the requirement of the reasons to be recorded by the Medical Board and the recommendations based thereon for boarding out a member from service.
Though the causative factors for the disability have to be the rigor of the military conditions, no insensitive and unpragmatic analysis of the relevant facts is envisaged so as to render any of the imperatives in the Regulations, Rules and General Principles otiose or nugatory. Such rights between private parties cannot be made subject-matter of writ jurisdiction as has been ordered in the impugned judgment and order that out of a total of 63. To reiterate, invaliding a member from the service presupposes truncation of his normal service tenure thus adjudging him to be unsuitable therefor.
Not only the member in such an eventuality, could not be called upon to prove the conditions of his entitlements, he would instead be entitled to the any reasonable doubt with regard thereto. Absence of such a presumption in favour of attributability to the Army service or aggravation thereby, displaceable though, cannot be readily assumed unless endorsed by contemporaneous records and overwhelming reasons recorded by the invaliding Medical Board to the contrary. The question as framed would not necessarily focus the attention of the newspaper establishments to any proposal except the one which was the subject-matter of that question, viz.
The appellant contended (i) that S. Regulation 173 in clear terms not only mandates that disability pension may be granted to an individual invalided from service on account of disability which is attributable to and aggravated by Army service and is assessed as 20%, it specifically provides as well that the question as to whether such disability is attributable to or aggravated by Army service is to be determined by the Rules. , the -proposal of the Press Commission in that behalf and the newspaper establishments to whom the questionnaire was addressed would certainly not have before them any indication at all as to what was the wage structure which was going to be adopted by the Wage Board.
161 Indian Penal Code and s. The appellant’s explanation was that he had borrowed the amount as he was in need of money for meeting the expenses of the clothing of his children who were studying in school, The Special judge accepted the evidence of the contractor and held that the money had been taken as a bribe, that the defence story was improbable and untrue, that the presumption under s. The disability as well has to exceed a particular percentage.
5 Of the Prevention of Corruption Act, 1947. 4 had to be raised, that the explanation offered by the appellant was improbable and palpably unreasonable and that the presumption had not been rebutted, and upheld the conviction. The exception to this deduction is, only in the event of a medical opinion, supported by reasons to the effect that the disease could not have been detected on medical examination prior to acceptance for service whereupon it would be deemed that the disease had not arisen during service.
The only question which was addressed in this behalf was Question No. 4 in Part “A” which asked the newspaper establishments whether the basic minimum wage, dearness allowance and metropolitan allowance suggested by the Press Commission were acceptable to them and if not, what variations would they suggest and why. The incident of invaliding a member of the Army service entails curtailment of the normal tenure for his recorded disability to the extent of 20% or more and thus in our own comprehension, the disentitling requisites would have to be stringently construed.
Rule 14(b) in specific terms enjoins that a disease which has led to an individuals discharge or death will ordinarily be deemed to have arisen in service, if no note of it was made at the time of his acceptance for Army service. To the contrary, a realistic, logical, rational and purposive scrutiny of the service and medical profile of the member concerned is peremptory to sub-serve the true purport and purpose of these provisions.
If this procedure had been adopted the decision of the Wage Board could not have been challenged on the score of its being contrary to the principles of natural justice. On appeal the High Supreme Court of India lawyers held that on the facts of the case the statutory presumption under S. Not only the manifest statutory intendment and the avowed purpose of these provisions cannot be disregarded, a realistic approach in deciphering the same has to be adopted. 14 of the Constitution, (ii) that the presumption under s.
It was only after such representations were received from the interested parties 176 that the Wage Board should have finalized its proposals and published its decision. We now propose to examine the question whether the limitations formulated by learned counsel for the appellants are the only true limitations to be imposed with regard to the definition clause. The burden to disprove the correlation of the disability with the Army service has been cast on the authorities by the Regulation, Rules and the General Principles and thus, any inchoate, casual, perfunctory or vague approach of the authorities would tantamount to non-conformance of the letter and spirit thereof, consequently invalidating the decision of denial.
It cannot be gainsaid, however, that there ought to be at least a casual and perceptible nexus between the two, but denial of disability pension would be approvable, only if the disability by no means can be related to the Army service. We can also draw sustenance from another judgment of this Supreme Court of India advocates in the case of Sunil Batra v. 45 acres of land, 21 acres be demarcated as an unencumbered property and to maintain status quo.