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october 1989

Supreme Court of India · 1989-10-27

U.O.I. vs NAIB SUBEDAR CLK(S) BALESHWAR RAM .

Citation / case number
SC 1988/68286
Court
Supreme Court of India
Petitioner
U.O.I.
Respondent
NAIB SUBEDAR CLK(S) BALESHWAR RAM .
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court upheld the Guwahati High Court's decision to set aside the conviction and dismissal of respondents 2 and 3, finding that there was no inquiry conducted against them under Rule 22 of the Army Rules, as mandated. The Court referenced Lt. Col. Prithi Pal Singh Bedi v. Union of India & Ors., [1982] 3 SCC 140, establishing that failure to follow procedural requirements invalidates the proceedings of a General Court Martial. The Court affirmed the High Court's ruling, emphasizing the necessity of adhering to due process in military disciplinary actions.

U.O.I. vs NAIB SUBEDAR CLK(S) BALESHWAR RAM . · Niyam