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march 1996

Supreme Court of India · 1996-03-25

MAJOR RADHA KRISHAN vs UNION OF INDIA .

Citation / case number
SC 1994/76096
Court
Supreme Court of India
Petitioner
MAJOR RADHA KRISHAN
Respondent
UNION OF INDIA .
Author
M.K. MUKHERJEE
Bench
MUKHERJEE M.K.

Judgment text excerpt

The Supreme Court held that the termination of a permanent commissioned officer under Section 19 of the Army Act, 1950, read with Rule 14 of the Army Rules, 1954, is valid even after the expiry of the limitation period prescribed under Section 122 of the Act. The Court found that the satisfaction of the Chief of the Army Staff regarding the impracticability of holding a trial was sufficient to justify termination. The appeal by the Union of India was allowed, overturning the High Court's reinstatement order.

MAJOR RADHA KRISHAN vs UNION OF INDIA . · Niyam