UNION OF INDIA vs R.K.L.D. AZAD

The Supreme Court addressed two key issues regarding the applicability of the Army Act, 1950, specifically under Section 123. The Court held that a person subject to the Act can be dismissed for an offence committed while in service, even after retirement, provided the trial commences within three years of cessation of service. The Court overturned the High Court's decision that set aside the dismissal, affirming that the General Court Martial had the authority to proceed with the trial and impose a dismissal despite the respondent's retirement status.